Bethany L. Notaro offers affordable mediation services
and Pennsylvania family law and divorce representation to most
Southwestern PA counties, including Allegheny County, Westmoreland
County, Fayette County, Somerset County, Armstrong County, Lawrence
County, Butler County, Beaver County, Washington County, and
others. Ms. Notaro serves as both a mediator and a family law
attorney in these areas.
Ms. Notaro offers a FREE INITIAL
PHONE CONSULTATION regarding mediation. Ms. Notaro offers two
distinct services applicable to
mediation: She is available to conduct traditional mediations,
and she is also available to draft, review and finalize agreements
from other mediators. For her own mediations, She offers a one-hour
mediation special (or the first hour of every mediation) at a
discounted rate of $100. Ms. Notaro has two offices in Pittsburgh:
Downtown Pittsburgh and the Historical South Side of Pittsburgh,
for your convenience. In some mediation circumstances, Ms. Notaro
is available to mediate outside of her office. Please contact
her for more details regarding off-premises mediations. Ms. Notaro
offers a secure, friendly office environment to ensure that her
clients are as comfortable as possible during mediations.
Bethany L. Notaro is unique among Pennsylvania Family Law Mediators
and attorneys in that she has the added experience of being an
attorney who actively practices in the field of family law. Ms.
Notaro brings to the table her expertise in the area of peaceful
conflict resolution, as well as the law on pertinent family and
divorce issues. As an attorney, Ms. Notaro is skilled in preparing
prenuptial agreements as well as Property Settlement Agreements
(agreements upon divorce). Ms. Notaro can offer her clients guidance
in all aspects of family law. She can also help in advising her
clients in making their mediated agreement official.
The following are commonly asked questions about mediation.
With proper understanding about the mediation process and its
purpose, you may find that mediation is the right alternative
in your divorce or family law matter.
If I mediate my divorce, who makes the decisions regarding my
property, custody of my kids, or whatever issue I choose to mediate?
The answer is that YOU do. When
a divorce matter is litigated by attorneys before a judge in
a courtroom, the ultimate decision
regarding the intimate aspects of the couple’s personal
lives is determined by a judge. When a couple chooses to mediate
their divorce, they have decided to make their own decisions
regarding custody, property, etc., with a mediator to help guide
them and lay the ground rules in the process.
Mediation allows a divorcing couple to consider factors that
the legal system does not. In a courtroom, two adversarial spouses
typically have .5 hour to 5 days to present their cases, stipulations,
and all evidence collected through discovery to the judge. A
couple is very limited in the admissibility of the evidence that
they may present at trial. As a result of heavy caseloads and
numerous other divorce cases, the judge has a very limited amount
of time to think about the information presented by the spouses
and their attorneys and to make a decision. In mediation, a divorcing
couple is given unlimited time and the freedom to negotiate their
own fair agreement. The couple has the advantage of giving themselves
the time that they need to consider the things that they think
are important. In addition, the couple also has the ability,
if they choose, to consult attorneys outside of the mediation
setting regarding their agreements.
A couple should realize that the
mediator’s purpose is
not to make decisions for the divorcing couple. A mediator is
not a judge. A mediator does not have the ability to make decisions.
Rather, a mediator’s job is to guide the couple through
their own decision-making process, as well as to facilitate the
couple’s negotiations regarding their own version of a
fair agreement.
Back to Questions
Why mediate? Wouldn’t
I have to hire a lawyer anyway?
When a couple chooses to mediate
their divorce matter, they can address all aspects that surface
in a divorce, from the drafting
of the paperwork to “custody” of the couple’s
pets, while at the mediation. As a mediator, I can guide the
couple through the decision-making process, while at the same
time offering them suggestions and information relating to Pennsylvania
family law. As an attorney, I can assist the couple in drafting
the divorce paperwork and additional documents. With the couple’s
permission, I have the ability to draft any documents of final
settlement that the divorcing couple requests. HOWEVER, as an
attorney-mediator, I cannot and will not represent either or
both of the spouses should they choose to litigate their divorce
matter. I will not file the divorce documents, but I can provide
information relating to the filing of the documents. In addition,
I always recommend that if either of the spouses has any doubt
that the agreement is fair, or if they are having second thoughts
regarding the mediation, that they should consult their own individual
attorneys on the issue. In some circumstances, an individual
attorney may offer ways to edit and/or supplement the mediated
agreement, as well as a set of “non-neutral” eyes
to review the document on an individual spouse’s behalf.
Back to Questions
What happens if I start fighting with my spouse at the mediation?
A couple who has decided to mediate
their divorce should make a strong effort to leave their personal
problems “at the
door.” However, this doesn’t mean that a couple,
whose relationship has already taken the road towards divorce,
will not be tempted to fight a little when discussing heated
matters! This aside, the effect of mediation that puts spouses
face-to-face in the same room to discuss their issues has its
advantages. For one, it eliminates the “middlemen” in
negotiating agreements. When spouses hire their own individual
attorneys to negotiate a divorce, what the spouse says has to
be filtered through two professionals before it reaches the other
spouse. Imagine the inevitable changes and lapses in communication
that occur along the way! Alternatively, mediation offers a neutral
setting in which a couple can streamline their negotiations by
speaking directly to each other, with a neutral party there to “referee” the
process.
A second answer to the same question
(What happens I start fighting…?)
is that a good mediator has been trained in conflict resolution
skills to help a couple control their tempers and avoid (or at
least talk through) their fights.
Back to Questions
What is the difference between a mediator who is a lawyer and
one who is not?
While both attorney-mediators and
non-attorney mediators have (presumably) been trained in family
and divorce mediation, the
type of training they receive is often different. For instance,
an attorney-mediator has obviously obtained a juris doctor
degree from a reputable law school, in addition to mediation
training. In addition, attorney-mediators and non-attorney
mediators often have different mediation styles. Some mediators
prefer
to counsel (or offer therapy) and assist their clients, while
others choose a more neutral but guided approach. I prefer
the latter.
In my opinion, an attorney-mediator
can offer a divorcing couple several advantages. A mediator
who is also a divorce lawyer can
provide the spouses with important information regarding Pennsylvania
Law to help them make their own decisions about a fair agreement.
A mediator-attorney can also assist in drafting the divorce documents
(Property Settlement Agreement, Complaint in Divorce, etc.) necessary
to obtain a final decree in divorce from the Court. In contrast
to a mediator who is not an attorney, a mediator-attorney can
draft “Court acceptable” documents, which means a
couple will not be forced to go outside of the mediation setting
to find information regarding Pennsylvania Law, and to draft
their own divorce documents (unless that is their desire, of
course). A few things to keep in mind- a mediator who is also
an attorney will not advise either of the spouses in his or her
attorney capacity. However, an attorney-mediator can help the
couple understand what a court might typically do in their own
particular situation.
Back to Questions
Does divorce mediation cost less than litigating a divorce?
In most situations, the answer is yes. Here are several reasons
why:
Commonly, in a divorce mediation as opposed to a litigated divorce,
Both spouses retain the mediator to resolve the divorce issues.
The spouses, if they choose, may split the cost of the mediation.
In effect, the couple saves by paying a single retainer rate
instead of two for two separate attorneys.
In mediation as opposed to divorce litigation, costly court
expenses may be avoided. Although there are a few costs that
are necessary in every divorce (i.e., the necessary fee charged
by the court for the filing of the divorce documents), a couple
can avoid many of the fees typically charged in a litigated family
matter.
An attorney bills for each action
performed on a client’s
case. An attorney will bill for each phone call, letter,
document drafted, conversation with opposing counsel, and
every action
taken on a case. Each time an attorney performs an action,
the client is billed for it, typically in minimum increments
of $25.00
and up, accounting for actual time spent on the activity.
This adds up! Assuming each spouse hires their own attorney,
these
costs are multiplied by two. Mediation offers a cost effective
way to avoid some of the typical costs associated with having
an attorney handle every aspect of your divorce case.
Back to Questions
What do I need to prepare for a mediation?
Before every mediation, I will provide the divorcing couple
with a set of documents intended to assist them in compiling
information needed for a successful mediation. In short, the
information required consists of marital values of assets, schedules
related to custody (school, summer vacations, etc.), income figures
for support purposes, and other pertinent details.
Back to Questions
Does mediation work faster than a traditional adversarial divorce?
In most circumstances, yes. With proper preparation, a couple
can mediate all aspects of their divorce, from custody and support
to division of property, in about 3 to 20 mediation hours, possibly
in multiple sessions. A one count, no fault divorce takes a minimum
of 90 days from the date of acceptance of service.
Back to Questions
I don’t want my child
to have to be a witness in court! Can I mediate custody matters?
Absolutely. As a matter of fact, mediation offers a comfortable
setting and a neutral environment for parents, and also kids,
if they choose, to talk about their needs regarding custody.
Mediation is an alternative to costly and painful custody litigation.
Mediation empowers Moms and Dads to work together to come up
with an agreement that is best for the kids, without putting
the kids in the middle of a battle.
Back to Questions
Can I mediate a child support agreement?
Yes. A couple can work out a fair
number for a support obligation in a mediated setting. As an
attorney-mediator, I have the ability
to compute estimates of a parent’s child and/or spousal
support obligation, based on income and expense information.
The figures that I compute are often very similar to those that
a court would determine. Additionally, I can offer information
that the couple may utilize in making the support figure payable
through the court system, if that is their desire.
Back to Questions
Is mediation right for everyone?
While mediation is a great alternative
for most divorcing couples, mediation is not for everyone.
Spouses who have experienced or
are victims to domestic violence probably should not try mediation.
Because the purpose of mediation is to empower each spouse to “speak
up” and voice their own individual concerns in a neutral,
comfortable setting, a spouse who has experienced domestic violence
may not have the ability or may not want to subject themselves
to this type of environment.
Back to Questions
