What is mediation?
Mediation is a civilized, transparent, and cost-effective alternative to adversarial litigation. The process involves individuals meeting with a skilled, trained, and neutral mediator, who facilitates the discussion between the parties. The overall goal is to have the parties come to a fully informed and mutually acceptable resolution, and avoid having to go to court. Mediation preserves privacy, sanity, and hard-earned assets.
What kinds of matters can be mediated?
Why choose mediation?
Mediation saves time, money and relationships. Parties save time traveling to and appearing in court. Mediation costs are significantly less than the cost of litigating cases in court or having each party’s attorney negotiate the resolution. The process allows the parties, many of whom will be connected for years to come, to find their own middle ground, rather than a judge establishing the terms of their future. Mediation assists the parties in establishing ways to effectively communicate.
Mediation allows the parties to have control in determining what will happen in their lives. The parties know the situation, and what their specific needs are. Together, the parties can decide what agreements they want to come to related to their home, bank accounts, assets, pensions, children, and time. Mediation offers all the same protections that litigated or attorney-assisted resolutions have, but with the added benefit of resolving the matter using a non-adversarial process.
How long does mediation take?
Mediation can take place over the course of one hour or the process can span multiple days or months. The length of time depends on the issue and the parties.
Why use Campbell Mediation and Services, LLC?
Campbell Mediation and Services, LLC will facilitate open and honest discussion between parties who are committed to finding a solution permitting them to move on with their lives. The issues are never simple and the stakes are often very high. Attorney Kathleen S. Campbell can help you decide if mediation is right for you.
Campbell Mediation and Services, LLC will ask the parties to come to mediation prepared and with an open mind. The parties must agree that the conversation will remain confidential. Confidentiality allows parties to speak freely with one another as possible outcomes are explored
Mediation is not recommended in:
Does Campbell Mediation and Services, LLC provide legal advice during mediation?
A mediator does not provide legal advice. Although Kathleen is an attorney, she is working as a neutral mediator helping the parties create an agreement. The goal is to provide a forum to allow the parties to resolve their issue in a manner that is not adversarial. At the conclusion of the mediation, the parties can agree to have Campbell Mediation and Services, LLC prepare the “Settlement Agreement,” or the parties are welcome to bring the draft agreement to an attorney of their choice to review prior to signing.
What other services does Campbell Mediation & Services, LLC provide?
As a practicing attorney, Kathleen can work with you to help with the following:
Estate Planning Frequently Asked Questions
Campbell Mediation and Services has an easy, 4-step process designed to have your trust and other estate planning documents created and signed in 6-8 weeks:
* The first step is to attend your Peace of Mind Estate Planning Session. You will complete a Confidential Family Questionnaire in a secure electronic manner before we meet so we can make the best use of our time together. During this virtual first session, you will learn about your options and the estate planning packages, as well as my pricing. When you are ready to move forward, I will email you an engagement letter and invoice, both of which can be executed online.
* Next is your Estate Plan Design Meeting. During this meeting, we will get to work designing your estate planning documents. We will work off of the information you provided in your Confidential Family Questionnaire and at your Peace of Mind Planning Session. After this session, I will draft your documents, and send a copy for your review about two weeks later.
* Once you have received your draft documents, you will attend a Document Review Meeting where we will review your estate planning documents. We will go through the documents together, answer your questions, confirm all names, dates, spellings, etc. are correct, and make changes as necessary. When everything is good to go, we will coordinate an in-person Signing Ceremony.
* The Signing Ceremony is where you will sign your documents with the proper legal formalities, in front of two witnesses and a notary. This will be done in the comfort of your home. Following execution of the documents, I am available for free, unlimited lifetime consultations regarding your estate plan.
An attorney who listens without interrupting and makes sure you fully understand your options before making any decisions! I would not be doing my job as an attorney otherwise. It is very important to me that you are heard and have your questions answered. I will also review my process, flat fees, and overall client experience so you know exactly what you are getting and what the investment will be.
When you are ready to move forward, whether at your Peace of Mind Estate Planning Session, or later, let me know. I will send you an engagement letter via DocuSign and an invoice via our secure online payment provider, LawPay. Once these items are complete, you will then schedule your Estate Plan Design Meeting.
Estate planning is simply the process of getting legal documents in place so that your chosen individuals are appointed to take care of you, your children, your assets, your finances and your pets in the event of your death or incapacity. The process also involves naming the people you want to inherit your assets when you are gone. An “estate plan” is simply a bundle of all the documents needed to accomplish these objectives.
If you don’t currently have a will or trust, you may think you don’t have an estate plan….but you do. It’s just that the state of NY has written it for you! All states have a default plan for your family and assets in the event of your incapacity or death. That’s the plan you have now. Estate planning is “opting out” of New York State’s default plan and putting your own wishes in place.
It depends! Estate planning is not one size fits all, so it’s hard to give you a quote without knowing more about you and what you would like to do. Even if you believe your situation is relatively simple, there are likely nuances you are not considering. I discuss fees and process at length in the Peace of Mind Estate Planning Session, after I have counseled you on all your options. I do not discuss fees outside the Peace of Mind Estate Planning Session.
I understand that cost is an important factor in choosing an attorney, and that estate planning is a significant investment for many. It is my goal to be as transparent and fair as possible. For that reason, I offer flat fees as opposed to billing by the hour, so you know exactly what your investment will be. We also offer a 100% satisfaction guarantee. If you are not happy with our services, we will make it right, or refund your money.
Finally, I will only recommend planning your estate with me if the amount you would ultimately save is greater than my fee.
Kathleen’s process is designed to have your estate planning documents signed within 6-8 weeks of your Peace of Mind Estate Planning Session. It depends in part on your schedule and how long it takes for you to review your draft documents.
Probate is the court-supervised process of administering your estate upon your death. If you die without a will, your estate must go through probate before all your money can be distributed to your heirs. And if you die WITH a will…your estate still has to go through probate! The only way to avoid probate is with a revocable living trust.
What’s so bad about probate? Even a simple probate can take years to complete and eats up as much as 5-7% of the estate assets in the meantime. It’s also a public proceeding that makes your will available to anybody who wants to look at it.
A will is subject to the probate process, a living trust is designed to bypass it completely.
Estate planning is in no way related to how much money you have, whether you are a married, or whether or not you are a parent.
Estate planning in putting legal documents in place that ensure your assets will go to the people you want, the way you want, when you are gone. It’s about making this as easy as possible on your loved ones during an otherwise difficult time. And we all care about that, no matter how much (or little) money we have.
It’s also about appointing people to manage your property and make health care decisions for you if you are incapacitated, something that matters to all of us regardless of wealth status.
No problem! A living trust can be changed or revoked entirely as long as the creator is alive and has mental capacity to do so. Any guardians for minor children can also be changed through an amendment ( a codicil) to the documents.
All other estate planning documents (power of attorney, health care proxy, etc.) are typically recreated as it is more cost-effective.
The main point is that your documents can (and probably will be) updated as your life, your assets, and the law all change.
Yes! I am happy to have a quick, complimentary call before your schedule your Peace of Mind Estate Planning Session. I do not discuss fees outside the Peace of Mind Estate Planning Session, but I am happy to answer any basic questions you may have.
Contact Kathleen
- (607) 316-0497
- kathleen@campbellmediationandservices.com