What is a Divorce Mediation and its Importance?
Divorce is a life event that can be not just physically but also emotionally very draining for the couple. Traditionally, it is necessary to file a lawsuit to complete the process of divorce. However, these days, most couples are resorting to divorce mediation to arrive at the terms of divorce. Mediation helps in resolving their disputes and terms of divorce can be easily negotiated without having to take recourse to litigation. In this process, an impartial third-party mediator helps the couple in resolving their disputes. He becomes a bridge between the couple and promotes a better understanding between them.
With the presence of a mediator, it becomes both parties to resolve their differences while their attorneys focus upon protecting their interests. It is the job of a mediator to remain indifferent and as objective as he can be. He sees to it that both parties eventually come to a compromise that is acceptable to both. The mediator may have an opinion on an issue but at no point of time does he force the parties to agree to his point of view.
How does Divorce mediation work in New York?
Every mediator has his own unique style of functioning. However, the process of mediation in New York remains the same. You talk to the mediator or his assistant on phone and tell him everything about your marriage and the issues you are facing. It helps the mediator to gather all the basic information from both the sides before he conducts the first meeting.
In the first meeting, the mediator tells each party what he or she can expect from the mediation process. Mediator tries to work out agreement on the issues, on which both parties are having disputes such as distribution of assets, custody of kids, parenting time, and support or maintenance. There can be several meetings in the mediation process to find a resolution to all the disputes. Once all disputes have been settled, the mediator asks both parties to sign a memorandum so as to formalize the settlement. This written settlement becomes a binding contract and it also dictates the relationship between the couple after the divorce.
What are the tips and checklist to follow?
There can be no two opinions about the fact that divorce mediation is less expensive that litigation and much quicker. In general mediation sessions can be completed in 90 days whereas divorce through litigation can take up to 18 months.
First, you need to find a mediator. Your attorney can recommend several mediators to you or you can search for these professionals on internet. Choose a mediator who is experienced and knows everything about family law.
Tips to make sure mediation is successful
You cannot have everything your way in divorce mediation. If you are not ready to make compromises here and there, this process cannot work for you. Also, your spouse has a point of view that must be respected by you if you want to settle disputes during a divorce.
What are the Top 10 benefits to consider?
There are many advantages of divorce mediation. This is the reason why this process is gaining popularity among divorcing couples around the country. Here are top 10 benefits of divorce mediation to consider using it in your case.
- It is much less expensive than traditional court divorce. The average cost of divorce mediation is around $3000 whereas a court divorce can easily set you back by nearly $15000.
- It is much quicker than court divorce. Most of the mediation divorces are completed in around 3 months whereas litigation can drag for nearly a year and a half. If you cannot bear this emotionally draining experience to linger on for long, it is prudent for you to choose divorce mediation.
- It is much cheaper than a court divorce. You can have divorce mediation in just $3000 whereas you must shell out around $15000 for a court divorce. Why spend so much on getting a divorce when you can avail divorce mediation for so little amount?
- Mediation is confidential with no records of sessions whereas it is like washing your dirty linen in public in a court divorce.
- Mediation allows you to arrive at resolution of disputes whereas in court divorce, solutions are imposed upon through a ruling of the court
You can have your attorney during the process of mediation to give you advice - You control the process of mediation instead of a court
- Mediation helps in establishing communication with your spouse that proves useful in future
- Mediation is fair to both the spouses
- Mediation is less stressful than a court divorce
FAQ
How much does divorce mediation cost in NY?
The average cost of divorce mediation is between $5k to $9k and it involves 4 sessions of mediation.
How long does divorce mediation take?
A mediation session can last from up to 2 hours to a whole day. There can be many such sessions involved in divorce mediation. The length of mediation depends upon the number of issues involved and the number of sessions needed to find a resolution to these issues. In general, divorce mediation in New York gets completed in 3 months.
How do I find a divorce mediator?
Finding an experienced mediator becomes easy if you have a family law attorney representing you. He can recommend good quality mediators to you to handle your divorce case. You can also search for experienced divorce mediators on internet.
Is mediation required for divorce in New York?
Mediation is not necessary to get a divorce in New York. However, mediation make the process easier and less stressful for the couple as it helps in resolving the disputes on many issues like child custody, distribution of assets, and so on. This is the reason why it is gaining popularity and more and more divorcing couples are using this process to make divorce less painful for themselves.
How to get what you want in divorce mediation?
The first meeting that you have with the mediator is very important to eventually get what you want in divorce mediation. In this meeting, the mediator asks you questions about your married life and the issues you are facing. He also tells you what you can expect by the end of this process. It is very important to prepare well in advance. One professional who can help you in this preparation is your lawyer. You must set your goals and work to reach them by the end of this mediation process. If you have kids, you must think about them as well. You must work out a solution regarding the custody of your kids and how much parenting you can get through mediation.
It is not easy to plan for an event like divorce. However, when you decide to divorce your spouse, there is a lot of planning and thinking that is required on your part. Ben Haber is a legal firm in Staten Island that provides high quality divorce mediation services to our clients. Call us at 718-442-0960 to know how we can help you in going through this hard and emotional phase in your life. You can also email us at benhaber@gmail.com to know more about our services.