What Myths of Divorce Mediation Should I Know?

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Couple divorce

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.

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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

SERVING ALL OF SUFFOLK COUNTY

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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