Family Law And Divorce Mediation
Mediation services can be a cost-effective, less adversarial alternative to divorce and/or separation litigation proceedings. The mediation process attempts to achieve a fair and peaceful settlement between the parties without having to even step into the courthouse. If children are involved, it may also serve to protect them from the emotional side effects of the divorce.
If you and your spouse can speak cordially to each other and can:
- Agree that you both want a divorce
- Will be fair with the other
- Agree to abide by the equitable distribution laws of New York
- Agree to the Child Support Standards Act in paying the proper child support
Then and ONLY then will I agree to even meet with both parties to provide marital mediation services. Otherwise, you are wasting your money on mediation services.
Moreover, if I start mediation with the parties, I will not under any circumstances represent either party against the other in a divorce action. Ethically, I cannot choose sides in the event the parties cannot come to an agreement.
What Types Of Issues Can Be Resolved In Mediation?
All issues relating to separation and divorce can be addressed through mediation, including but not limited to:
- The care, custody and support of your children
- Spousal maintenance (alimony)
- The division of real and personal property and business interests
- The equitable distribution of assets, including pensions
- The satisfaction of shared debts and other obligations
The Advantages Of Mediation
Divorce mediation can be a more practical and sensible alternative to divorcing couples to avoid costly and lengthy adversarial divorce proceedings. Moreover, the agreement that is ultimately prepared is not binding until it is signed and duly acknowledged by the parties before a notary public. Thus, at any time either party can walk away and pursue their rights in court. In such an event, each party will have to retain their own separate legal counsel therein.
Why You Need An Experienced Matrimonial Attorney To Do Mediation
Only an experienced divorce attorney should provide mediation services, because only an experienced divorce attorney fully understands New York’s domestic relations laws. I have seen ridiculously drafted mediation agreements that had to be changed drastically to comply with the law to even get the divorce, let alone having unfair, inaccurate and incomplete terms.
I have been helping family law clients find success for more than 25 years. I invite you to talk with me about your case in a free consultation by calling 718-720-1000 or by email. I offer straightforward, no-nonsense advice aimed at giving you the information needed to make smart decisions.