What is Mediation and How Can It Help Me Through My Divorce?
Traditionally, divorces are litigated in front of a judge. Each side presents their case, and the judge makes all final decisions. This is an adversarial process where each side battles it out before a judge. In New York, divorce mediation offers a more collaborative approach to end a marriage compared to traditional court litigation. Those who choose mediation often find that it promotes open communication and reduces the emotional strain commonly associated with divorce. Mediation allows couples to address their issues privately without the need to involve judges. In this article, the Rockland County divorce lawyers at The Law Office of Robert S. Sunshine will discuss divorce mediation and how it can help produce more amicable results.
The benefits of choosing mediation in New York State
Mediation offers numerous benefits to those who engage in it. The process is often smoother and less contentious than traditional litigation and contributes to a process that promotes cooperation and fairness. Such benefits include:
- Non-adversarial process – Mediation provides an environment that is non-confrontational. This can significantly reduce the emotional tension that is common in most divorces. In the absence of a courtroom, couples can discuss issues calmly which, in turn, leads to more productive and amicable negotiations.
- Greater control over the outcome – One of the largest advantages of mediation is that the couple retains control over the outcome of their divorce case. Instead of allowing a judge to make all final decisions on your behalf, the couple can negotiate a divorce decree that meets their needs. This can lead to customized parenting plans or unique financial arrangements that suit the family’s individual needs.
- Cost and time – Mediation is significantly faster and cheaper than litigating a divorce. When you litigate a divorce, each side has their own lawyer, expert witnesses, and more leading to increased costs. Every decision requires a court hearing which, in turn, leads to a longer timeframe. Mediation is generally faster and less costly.
What is the role of the mediator in a New York divorce?
The mediator serves as a neutral third party that facilitates discussion between the two spouses. Their main responsibility is to facilitate productive discussions and help the couple negotiate a divorce decree by explaining the law, and helping them find common ground. The mediator does not represent either party, does not take sides, and does not make decisions. Instead, their role is to guide the couple through difficult topics such as property division, alimony, child custody, and child support.
Talk to a Rockland County Divorce Mediator Today
Mediation can be beneficial for all spouses, even those in high-conflict divorces. The Law Office of Robert S. Sunshine can help you and your spouse through the process of mediation and help you negotiate a divorce settlement that meets your needs. Call our Westchester County family lawyers today to schedule an appointment, and we can begin the process of mediating your divorce right away.
