Is divorce mediation always appropriate in New York?

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As divorce stigma diminishes in today’s society, many couples dissolve their unhappy marriages. That said, there are various divorce routes that couples can choose from to end their union, including contested, uncontested, or mediation. Divorce mediation is an alternative option to litigation that couples may consider because it saves time and money. However, mediation may not be suitable for some couples despite its advantages. If a divorce is imminent, contact a dedicated Suffolk County Divorce & Separation Attorney who can help protect your interests. Please continue reading to learn when divorce mediation is inappropriate. 

When is divorce mediation not possible in New York?

Mediation is an alternative divorce process where both parties attend sessions with a neutral third-party mediator that helps them resolve their disputed issues regarding the terms that will apply to the termination of their marriage. Meditation aims to resolve a couple’s contested problems to reach a fair divorce agreement or settlement. As mentioned above, there are several benefits to choosing mediation as your divorce route, as it can save considerable time and money. However, divorce mediation is sometimes not always appropriate despite the benefits.

With mediation, to succeed, both parties must be willing to cooperate and compromise to reach a fair agreement. If one party refuses to negotiate, the process will fail as their disputed problems will not be resolved. Therefore, they cannot work toward a mutually beneficial agreement.

Is it appropriate in cases involving domestic violence or other abuse?

In most cases, divorce mediation is inappropriate in cases involving domestic violence or sexual abuse. When there is a history of domestic violence or other abuse, a severe power imbalance exists, which causes one partner to have a great deal of control over the other, this power imbalance prevents both parties from being able to express their opinions regarding the terms that will apply to the termination of their marriage freely. Abuse victims often find it difficult to negotiate fairly without fearing further violence. As a result, they are usually bullied into agreeing to unfair terms that prevent the couple from reaching a mutually beneficial agreement. If you know a considerable power imbalance exists in your marriage, mediation may not be possible, and you may be better suited to pursuing a different divorce route.

If you are considering dissolving your marriage, it is in your best interest to retain the legal services of a skilled attorney from The Law Offices of Susan A. Kassel, P.C., who can help you determine which divorce route is the most suitable for your specific needs. Allow our firm to represent your interests to maximize your chances of reaching a favorable outcome.

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

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We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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