What is the Divorce Mediation Process Like in New York State?
Mediation is one way to cooperatively end a marriage in New York State. You and your former spouse sit together with a neutral third party who guides the process of finalizing your divorce. The process involves avoiding the courtroom and judges who will make decisions on your behalf. You’ve heard about mediation, but what does it actually entail? In this article, the Westchester County divorce attorneys at The Law Office of Robert S. Sunshine will discuss the process of mediation and how it works in New York State.
Initial consultation and orientation
The divorce mediation process typically begins with an initial consultation. The mediator will explain the procedures, confidentiality rules, and expectations for the mediation sessions. During the orientation, the mediator will ensure that both parties understand their roles and the law that governs the mediation process. Mediators will emphasize confidentiality as a main benefit of the process, but there are exceptions such as mandatory financial disclosures or allegations involving child abuse.
At this stage of the mediation process, the mediator will identify key issues that need to be resolved. These include child custody, the division of assets, spousal support (alimony), and tax considerations. Parties are encouraged to voice their concerns and express their priorities. This sets the foundation for the discussions that will follow.
Gathering information and documentation
After the orientation, the next part involves collecting and sharing all the necessary information and documentation that is relevant to their divorce. This includes financial documents like bank statements, property deeds, tax returns, and any information regarding the children. This stage of the process is important. It ensures transparency between the two parties and provides clarity when it comes to the couple’s financial situation.
The role of the mediator is to assist the couple in gathering this information and ensuring that both spouses are aware of the other’s assets, debts, and income. This is vital because any agreements reached during mediation need to be based on accurate data. The mediator further ensures that required disclosures are provided to the court. This ensures that all legal requirements are met without compromising the confidentiality of negotiations.
Identifying your priorities and exploring your options
Once all of the required information has been gathered, the next step is for both spouses to identify their priorities and discuss what they hope to achieve following their divorce. This stage addresses not only financial matters but also the emotional and practical needs of both parties. The mediator encourages each spouse to discuss their goals, which can include things like positive co-parenting, securing financial stability, or ensuring a fair division of the couple’s property.
Negotiating a settlement
During the final stage of the mediation process, you will negotiate a settlement based on the discussions and all the options you explored. The mediator will work with both spouses to reach agreements on key issues. This ensures that the terms are both fair and realistic. This stage could require multiple mediation sessions. This is especially true when there are complex financial matters to resolve or serious conflicts.
Talk to a Westchester County, NY Divorce Mediation Attorney Today
The Law Office of Robert S. Sunshine represents the interests of divorcing couples in Westchester County, NY. Call our Westchester County family lawyers today to schedule an appointment, and we can begin discussing your goals right away.
