When you and your spouse decide to end your marriage, it’s important to consider all your legal options. Unfortunately, many couples assume that the dissolution of their marriage will inevitably be a contentious court battle. However, it’s crucial to understand that you are not limited to litigation as mediation is gaining traction as one of the most utilized alternative dispute resolution methods of divorce matters. Mediation is a confidential and private process that allows parties capable of work together to reach a mutually satisfactory agreement to avoid the negative impact of litigation. Please continue reading to learn what you can expect during this process and why connecting with our dedicated Suffolk County Divorce Mediation Attorneys is in your best interest.
How Does Mediation Work?
Mediation is a collaborative process in which you and your spouse meet with an impartial third party in an informal setting who will facilitate discussions to reach a compromise on the terms that will apply to the termination of the marriage. Essentially, the mediator is focused on guiding couples to reach a fair outcome, not battling over past resentments. During mediation sessions, the mediator will address all the issues associated with the divorce, including child custody, property division, and spousal and child support. It’s important to understand that the mediator does not take sides or express a biased opinion on your disputed issues.
While mediation has its benefits, it’s not suitable for every couple. Mediation can fail if there is an imbalance of power among spouses. For example, one spouse who has experienced domestic violence may not feel comfortable speaking freely in mediation sessions as they fear their partner will retaliate. Successful mediation hinges upon spouses speaking openly to reach a fair outcome. Therefore, mediation is not always appropriate. To determine whether this is the best course of action for your situation, you should consult an experienced attorney.
Is Everything Discussed in Mediation Kept Confidential in New York?
When you litigate your divorce in front of a judge, everything you share will become a public record. Although these court records won’t be broadcasted for everyone to see, the public record is accessible to those who know how to access this information. This means that your dirty laundry will be accessible to the general public. Many couples are uncomfortable with the fact that the details of their divorce can be accessed. As such, couples often turn to mediation.
One of the primary reasons couples choose mediation is because it’s an entirely confidential process. This means that everything discussed in mediation will not leave the room, enabling the parties to freely express what they wish for out of this process. The mediator is not permitted to disclose any information shared to a judge or anyone else, with very limited exceptions.
If you don’t want your sensitive information to become a part of public records, it’s in your best interest to consider mediation. Connect with The Law Offices of Susan A. Kassel, P.C. for a consultation to discuss if meditation is the right option for you.
