What Is Divorce Mediation?
Divorce Mediation is a process where the couple meets with a neutral third-party (Divorce Mediator) to help them work through issues that need to be resolved in order to end their marriage in both an amicable and cost efficient way. In mediation, the parties make all of the decisions in determining the distribution of property, child custody and parenting time, child support and maintenance, and other relevant issues. This process is unlike litigation where a judge typically decides these important issues. When a couple comes to mediation, some matters may be more difficult to resolve than others. The divorce mediator's role is to understand all of the issues involved and the parties concerns over these issues. A divorce mediator will work with the couple to help them focus on the matters at hand, help them to communicate effectively and understand each others concerns, and ultimately assist them in reaching an agreement that both parties are satisfied with. Mediation is flexible and confidential. In Mediation, the couple set the pace. And, unlike going to court, everything discussed in the mediation process is completely confidential. Mediation also provides a solid framework for moving forward—especially in circumstances where children are involved and the couple will need to continue to work together in the future in as co-parents. |
What Are the Benefits of Mediation?
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Mediation vs. Litigation
Unlike mediation, litigation is conducted in an open court and is part of a public process. Nothing is confidential. The parties are often encouraged by their attorneys to stand their ground creating more billable hours for the attorney and driving the parties further apart from agreement. This causes more stress, more confrontation and makes the process seem endless. Not to mention the added stress that the children are exposed to and the negative effects it has on the family as a whole. In terms of fees, retainers alone cost thousands of dollars for each party. And that's just a start. Moreover, in litigation, it is quite common for a judge to decide what is best for the couple and their children. Keep in mind that a judge knows absolutely nothing about the couple (aside from arguments asserted in legal proceedings) before they walk through the courtroom doors. In other words, the terms of the final agreement are completely out of your control! Lastly, because the court system encourages confrontation, it is quite common that post-divorce issues continue to divide the parties causing them to resort back to litigation to resolve future issues. |
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