6 Things To Know About Divorce Mediation
Are you going through a divorce and have questions about mediation? Learn these 6 things to know about divorce mediation, then give us a call.
1) What is Divorce Mediation?
Divorce mediation is a process whereby our clients negotiate their own agreement with a mediator, and usually with the help of a divorce lawyer, each party having a separate lawyer. It is a process that I describe as forward looking and solution setting versus litigation, which is backwards looking and blame laying. Mediation is much more peaceful than any other process that you can engage in. It is also less expensive. That being said, it’s neither easy nor cheap, but it is much less expensive and much more peaceful than litigation.
2) Is Divorce Mediation Right For You?
The range of cases that we send to mediation is broad. The issues are varied. The complexities and emotional level are also quite varied. Over the course of the past 20 years, I have found more and more of my clientele asking to go to mediation, and that has even further broadened the type of cases that we send out. Unless domestic violence is an issue, every case can start in mediation. Not every case will finish there. It may prove to be too difficult, but it is usually worth trying.
3) How Does Divorce Mediation Work in NYS?
- Divorce Mediation is viewed as forward-looking and solution-setting, whereas Divorce Litigation is backwards-looking
- There are numerous mediators in New York State, and they can assist you in obtaining a less contentious Divorce that you can obtain through the Litigation process
- You do not need to spend substantial sums on legal assistance when going through Mediation
4) Do I Need an Attorney If I am Mediating My Divorce?
- It is seemingly impossible for one Mediator or one Attorney to sit with both parties to fully and adequately explain their rights and obligations in the Divorce process
- It does not need to be a process where you meet with your Attorney repeatedly, but you should sit down with an Attorney to determine what your rights and obligations are.
5) What is the Job of a Divorce Mediator?
The divorce mediator is not an arbitrator. The mediator does not provide you with legal advice. The mediator represents neither of you. What you need to do is to educate yourself on the legal issues you have to resolve, with or without an attorney, so that you know what your rights and responsibilities are for the mediation process. That is, make sure that you have an understanding of the process and that you’re going to be sitting down with a mediator and your spouse to negotiate what it is that you want out of the process.
6) Enforcing Agreements Made At Mediation
The overwhelming majority of our clients who go to mediation never see a courthouse. They conclude mediation peacefully and successfully. We then are given some paperwork by the mediator. The attorneys prepare the rest of the paperwork. It is all submitted to the court, and the clients never have to go to court.
If you are not able to successfully conclude mediation, you may need a court to resolve the balance of the issues, so you may end up in court. However, if you start in mediation, the likelihood of that process becoming acrimonious is lessened.
Are you going through a divorce and have questions about mediation? Learn these 6 things to know about divorce mediation, then contact our Saratoga Divorce Mediation Attorneys today. Attorney Jean Mahserjian is experienced in family law and divorce and can help you achieve your legal goals. Check out her superb client reviews on Avvo.
Divorce mediation is an alternative to litigation that can be less expensive and contentious. New York does not require that spouses mediate or arbitrate their divorce or separation issues, but does allow the mediation process to supplement or bypass the litigation system.
New York divorce mediation is a process whereby the parties work with a mediator or mediators who help them reach an agreement. A mediator does not decide matters for the parties or offer an opinion as to what the end result should be. Rather, a mediator outlines issues and helps the parties to arrive at their own resolutions.
Jean M. Mahserjian, Esq., is a New York family law and divorce attorney in Albany, Saratoga, and the surrounding areas. For more than 20 years, Jean has maintained her capital region law firm, located on Route 9 in Clifton Park, New York. The practice encompasses all areas of family and matrimonial law, and an online uncontested divorce service.
Our family law services cover every aspect of divorce at every stage, from contemplation to litigation, from settlement to modifications of orders. Jean M. Mahserjian, Esq., P.C. maintains low effective hourly rates for all of our legal services.
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