What is Mediation?

When spouses choose to go through a divorce, they sometimes look into methods outside of court to settle their issues. While it is not always possible for all couples, it can be very beneficial for spouses to reach an agreement regarding their marital issues without going through a trial. There are several alternative methods to divorce, one of which is mediation.

The process of mediation allows spouses to come together in order to negotiate the terms of their divorce. This is done with the assistance of an unbiased third party instead of a judge. It allows couples to resolve any marital issues that may be unaddressed. The third party exists to listen to both spouse’s concerns and help them reach a decision that is best for them and any family involved. Conversations that take place in mediation may cover issues such as child custody, child support, the division of assets, and alimony.

Benefits of Mediation

There are several benefits to using mediation in divorce instead of a trial. When a couple works through their issues in mediation, they typically feel better about reaching an agreement themselves instead of letting a judge make decisions for them. Benefits of mediation can include:

  • Control: Mediation allows spouses to have control over the decisions made regarding their divorce. With a divorce through trial, a judge makes all decisions regarding the marital issues. Mediation lets the spouses make these decisions.
  • Confidentiality: Mediation is confidential. Neither spouse or the third party is allowed to share anything shared during mediation or use the information against one another. This allows spouses to be honest with one another.
  • Speed: Mediation is a quicker process than other divorce methods. This usually depends on the couple and how many unresolved issues there are to be addressed.
  • Cost: Unlike divorcing through litigation, mediation is cost-friendly. Divorce through litigation is usually expensive for both the couple and the state of New York.
  • Choice: Couples has the option to participate in mediation, it is never forced. It is a voluntary process that allows spouses to reach a positive outcome to divorce.
  • Family: When a couple chooses mediation over divorce through trial, it usually benefits any family involved. Divorce trials are often difficult and bring out bad sides of individuals involved, while mediation allows for a healthy conversation. This is especially beneficial for parents with children.

How Does the Process End?

When a couple concludes their agreements on marital issues, the mediator can draft a Memorandum of Understanding. This outlines all agreements made between the spouses. Both spouses will then give the Memorandum to their attorneys who will create a Matrimonial Settlement Agreement. After this agreement is signed, the spouses can go to court as an uncontested case and finalize their divorce.

Contact our Firm

If you or someone you know is going through a divorce and wishes to speak with legal representation, contact The Law Offices of Susan A. Kassel, P.C. today.

Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.