One avenue of resolution that divorcing couples can utilize is mediation. In recent years, New York courts have recognized the apparent value of this alternative dispute resolution. As such, you may be surprised to discover that you must participate in mandatory mediation before a judge can settle your disputes through traditional litigation. If you are going through a divorce, please continue reading to learn what divorce mediation entails and why contacting our knowledgeable Suffolk County Divorce Mediation Attorneys during this difficult time is in your best interest.
How Does Mediation Work?
Mediation is an alternative dispute resolution intended to facilitate constructive negation sessions centered on avoiding litigation. New York mediation typically consists of a series of meetings between divorcing spouses and a neutral third-party mediator. The mediator will help divorcing spouses resolve their disputed issues to reach an agreement on the terms that will apply to the termination of their marriage. It’s important to note that mediators don’t make decisions, offer legal advice, or take sides. Instead, they suggest solutions to specific issues.
What Should I Know About Divorce Meditation in New York?
In certain states, including New York, mediation is a required step in the divorce process. Under New York law, divorcing couples who disagree over financial matters or child custody issues must attempt to reach an agreement through mediation before having their disputes settled by a judge. This means a judge can order divorcing couples to participate in mandatory mediation. All litigated divorce cases will automatically be referred to divorce mediators. New York courts recognize the various benefits of this alternative dispute resolution.
Backlogged dockets overburden courts. As such, the courts acknowledge that mediation can help move cases along, freeing up the court system. In addition, mediation is often much less expensive and takes less time than protracted litigation. Therefore, it can save both parties valuable time and money, as they don’t have to appear before a judge. Similarly, mediation is confidential, meaning there will never be a public record of what goes on during your sessions.
Furthermore, mediation allows divorcing parties to arrive at a resolution based on their own ideas of what is fair given their unique circumstances rather than having a solution imposed by a judge based on legal principles. You and your spouse will have more control over the outcome of your divorce, which can maximize your chances of achieving favorable terms.
At The Law Offices of Susan A. Kassel, P.C., we are prepared to help you navigate these complex matters. If you are going through a divorce, please don’t hesitate to contact a trusted Suffolk County divorce mediation attorney who can help you resolve your issues and enable you and your family to better move forward with life.
