Jonas & Herzog, Mediation and Cooperative Divorce

Susan E. Herzog, Mediator

Susan is a compassionate and insightful mediator, who worked as a couple's therapist and a lawyer before becoming a mediator.

Her work as a couple's therapist was both gratifying and inspiring. She grew to believe that even if a marriage could not be saved, it did not have to end in a completely destructive manner. Susan's mediation training and legal background reinforced this notion and gave her the tools to help divorcing couples go their separate ways without complete financial and emotional devastation.

Aside from her matrimonial law training, Susan is an experienced elder law attorney who served as the head of the Probate Department at Millman Law Firm in White Plains, New York for twenty-five years. She has handled both litigated and uncontested guardianship hearings and located lost heirs.

Susan currently works as a volunteer for My Sister's Place in White Plains, representing victims of domestic violence in uncontested divorce cases. She also serves as a volunteer mediator for CLUSTER, where she mediates custody and visitation cases and small claims court cases for low-income families.

Mediation Training

• Basic Community Mediation Training,
• Westchester Mediation Center (CLUSTER), Yonkers, New York
• Mediation Training,
• The Center for Mediation in Law, New York, New York
• Advanced Divorce Mediation Trainings,
• The Center for Mediation in Law, New York, New York
• Advanced Training, Mediation and the Law,
• The Center for Mediation in Law, New York, New York

Collaborative Law Training

• Interdisciplinary Training For Collaborative Divorce Professionals,
• The Center for Mediation in Law, New York, New York

Education

• Hofstra University School of Law, J.D., 1981
• Washington University, Master of Social Work, 1976
• New York State Social Work Certification, 1976
• University of Vermont, Bachelor of Science, cum laude, College Honors, 1974

Affiliations

• New York State Council on Divorce Mediation
• The Family and Divorce Mediation Council of Greater New York
• New York State Bar Association (“NYSBA”)
• NYSBA Alternate Dispute Resolution Committee
• Westchester County Bar Association
• Westchester County Women's Bar Association

Areas of Specialization

• Divorce Mediation
• Custody and Visitation Mediation
• Family Law
• Elder Law
• Probate-Estate Administration
• Guardianship

Emily S. Jonas, Mediator 

Emily Jonas' work as a mediator has spanned over 25 years. As a family and matrimonial lawyer, she has also represented husbands, wives and children in divorce cases. Emily is adept at understanding diverse points of view and in helping families to reach agreements which meet the needs of each member.

Emily began her mediation career as a community mediator. She then served as the pilot director of the first high school mediation program in New York City and was instrumental in designing and implementing the first custody and visitation mediation program in Manhattan Family Court.*

Before becoming a divorce mediator, Emily served as a court-appointed Guardian Ad Litem ("GAL") on hundreds of divorce cases. As a GAL, she interviewed children and parents and made custody and visitation recommendations to the court. The judges would then decide each family's fate, taking into account "the best interests of the children."

Through her GAL work, Emily saw, first hand, how dissatisfied families were with the outcome of the traditional court-imposed resolutions. More often than not, the cases escalated and the families remained in turmoil even after the judgment of divorce was signed.

Through her work in both mediation and collaborative law, Emily assists couples to have a voice in the divorce process and to make all the important decisions for themselves without the emotional and financial strain of litigation. She helps them develop creative agreements uniquely tailored to meet the needs of their families. As a result, the couples tend to be satisfied with the terms of their divorce and more likely to abide by them.

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* The first custody and visitation mediation program in Manhattan Family Court was a joint effort of the New York Society for the Prevention of Cruelty to Children, Victim Services Agency (now Safe Horizon) and the Association of the Bar of the City of New York (now New York City Bar).

Mediation Training

• Basic Mediation Training,
• Brooklyn Mediation Center, Brooklyn, New York
• Divorce Mediation Training,
• The Center for Family and Divorce Mediation, New York, New York
• Advanced Divorce Mediation Training,
• The Center for Mediation in Law, New York, New York
• Advanced Training, Mediation and the Law,
• The Center for Mediation in Law, New York, New York

Collaborative Law Training

• Basic Collaborative Law Training,
• The Center for Mediation in Law, New York, New York

Education

• Northeastern University School of Law, Juris Doctor, 1988
• University of Pennsylvania, B.A., magna cum laude, 1982

Affiliations

• New York State Council on Divorce Mediation
• The Family and Divorce Mediation Council of Greater New York
  (Board Member for 7 years)
• New York Association of Collaborative Professionals
• American Bar Association
• Westchester Bar Association

Areas of Specialization

• Divorce Mediation
• Matrimonial Law
• Family Law
• Collaborative Law
• Guardian Ad Litem for Children in Divorce Cases
• Parenting through Divorce Classes
• Fluent in Spanish

The Divorce Mediation Process, Step by Step

1. Both parties must be willing to consider divorce mediation.


2. Together, the parties consult with a mediation professional (we work separately or as a team) to determine whether mediation is the right process for them. Some cases are not appropriate for mediation.


3. If the parties choose mediation, they sign an Agreement to Mediate and receive a copy of the Rules of Mediation.


4. In divorce mediation, the mediator helps the parties discuss all issues relating to the dissolution of their marriage, including but not limited to:
• Property Distribution
• Tax Considerations
• Division of Assets
• Division of Debts
• Marital Residence
• Maintenance (Spousal Support)
• Life Insurance
• Health Insurance
• Custody
• Parenting Plans
• Child Support
• College Expenses


5. The mediator facilitates communication between the couple and helps them resolve these issues as well as any other issues that may arise.


6. Mediation is a confidential process. Unless otherwise dictated by the law, the mediator will not testify in court if the couple decides to terminate the mediation process. This is an important component to the success of the mediation process, as it is crucial for both parties to feel that they can be completely open and honest and that whatever is said will be held in strict confidence.


7. The mediator can inform the parties of general principles of matrimonial law, but may not take sides or recommend any specific outcome. She helps the parties develop options and explore creative solutions, but it is up to the couple to choose what is best for both of them and their children.


8. The parties are encouraged to have their own review attorney to consult with throughout the mediation process and before they sign any agreement.


9. At the end of the process, the attorney-mediator can draft the Separation Agreement upon request of the parties. Alternatively, the parties may choose to have an outside attorney draft the Agreement.


10. The mediation is conducted in accordance with the Professional Standards and Ethics of the Association for Conflict Resolution, Family Section, and the Model Standards for Divorce Mediation, as determined by The Family and Divorce Mediation Council of Greater New York, Inc.


11. During the mediation, either party or the mediator can terminate the process at any time and for any reason.


12. The Separation Agreement is a legal document which spells out the terms of the parties' agreement. Once it is signed and notarized, the Separation Agreement becomes a binding contract, which is later incorporated but not merged into the Judgment of Divorce.


13. Once the Separation Agreement is signed, the attorney-mediator can draft a set of uncontested divorce papers. The uncontested divorce papers can be filed with the Court once they have been signed by both parties (unless the parties have to wait because they are divorcing after living separate and apart for one year pursuant to the terms of a separation agreement).

Are some cases not appropriate for mediation?

Mediation may not be appropriate if there is:

1. A power imbalance between the parties resulting in one party feeling afraid to express his or her needs;


2. Domestic violence;


3. Substance abuse;


4. A party who feels threatened or coerced; and


5. Any other issue that arises which the mediator determines makes the case inappropriate for mediation.