Over the past few years, divorce mediation has risen in popularity as an alternative to divorce litigation. While it’s great that more people have been using mediators, you may have heard some misconceptions about the mediation process. Continue reading to find out the truth about how mediation really works. If you’re looking to file for divorce, contact one of our Suffolk County Divorce Mediation Attorneys to see how mediation can be a solid option for a smooth legal process.
DOES DIVORCE MEDIATION WORK FOR EVERYONE?
It’s impossible to say that divorce mediation can work successfully for every single couple, but it serves as a helpful option for many divorcing spouses. Because divorce litigation has been more prevalent for years prior, there’s a common misconception that mediation only works for “simple” divorces. Mediation can be successful for any type of divorce, including high net worth couples or couples with children. The key to successful mediation is both spouses’ willingness to compromise and handle the settlement fairly.
WHAT IS THE ROLE OF A DIVORCE MEDIATOR?
Many people believe that a divorce mediator is a judge and therefore makes the final decision for divorce settlements. In reality, the divorce mediator is really more of a middleman in the divorce process. As their title suggests, the purpose of mediators is to mediate the situation. Mediators are skilled both in their knowledge of the law and their ability to guide opposing sides to a reasonable agreement. If you choose to use mediation in your divorce, the mediator will guide you and your spouse through the process by informing you both of what you need to consider and offering possible compromises. While the mediator can answer questions and suggest possible legal options, the couple makes final settlement decisions.
IS MEDIATION LEGALLY BINDING?
Yes. Some people are misinformed that mediation is not legally binding, so the divorcing couple will still have to end up in court. This is simply not the case; the point of mediation is to settle a divorce without the need for courtroom drama. The mediation process includes several meetings between spouses to discuss options and compromises with a mediator present. At the very end of the process, the mediator will draw up an official legal document finalizing all settlement agreements. If either spouse does not follow the agreement then they are in breach of a legal contract and can be taken to court.
If you’re just starting the divorce process and need quality legal counseling, the Law Offices of Susan A. Kassel, P.C. are on your side. Contact a trusted and compassionate attorney today for a free consultation.