Divorce mediation is about you and your soon to be ex-spouse deciding your own divorce and what is best for the both of you and most importantly, your children. In mediation, you and your spouse meet with a neutral third party, the mediator, and with their help, you work through the issues you need to resolve so the two of you can end your marriage as amicably and cost-effective as possible. The issues covered include but at not limited to the following:
Distribution of Property (Assets/Liabilities)
Child Custody and Parenting Time
In mediation, the couple, with the help of the mediator, works out agreements on the above issues. Sometimes agreements come easy, sometimes they take time and a lot of work. When agreements are hard to reach, that is when the mediator intervenes. It is the mediator’s job to keep the lines of communication open, brainstorm ideas, reality test the couple, teach empathy and assist the couple in their decision-making process. Mediators help keep the couple focused on the issues at hand, trying not to get them off track. When divorcing couples get off track and away from the above issues during mediation, arguing, name-calling and bad prior memories are brought up.
How Does Divorce Mediation Work?
Mediation is flexible and confidential. It gives you and your spouse a way to settle the conflict between you in a way that helps you to work together as parents. This is extremely important if you have children and must interact with your ex-spouse after you are divorced. Meditation brings about communication between the couple, which can then be used when they must discuss issues in pertaining to the children. Lack of communication may have been one of the main reasons for their divorce. Mediation has the ability to help the couple learn to communicate again, if only for the sake of the children, and make their post-divorce relationship better than their married one.
A divorce mediator is neutral and doesn’t “work” for either parent. That means the mediator can not give advice to either party. They must remain neutral no matter what the situation.
What the mediator can do, though, is assist the divorcing couple in formulating ideas that can eventually lead to agreements that will stand the test of time. That open and free exchange of information frees up both spouses to negotiate with each other in confidence. Because both spouses are working with the same base of information, it usually takes far less time to negotiate a resolution that makes sense to both spouses.
Mediation is voluntary. It continues only for so long as all three of you – you, your spouse, and the mediator – want it to. Mediations can be conducted weekly, every two weeks, monthly or however often the couple wants them to be. This is their mediation and they decide everything in the process.
How Long Does Divorce Mediation Take?
The length of mediation depends on what issues have been agreed to prior to mediation and those issues that need to be addressed during mediation. Also, the amount of time spent in mediation is contingent upon you and your spouse’s willingness to come to agreements that are equitable for the both of you and your willingness to do what is in the best interests of your children. The time spent in mediation can be reduced if you and your spouse are able to come to agreements prior to mediation, or at the least, narrow down your options to a few workable ones. However, if you and your spouse are not able to discuss your divorce outside of mediation, it is strongly recommended that you avoid it at all costs.
NEW YORK DIVORCE ATTORNEY - BRIAN D. PERSKIN & ASSOCIATES P.C.
At Brian D. Perskin & Associates P.C., we understand the difficulties you are going through. When you want to avoid litigation on a matter involving money, property or other marital dispute, our caring team can arrange for mediation that can be much more beneficial and cost-effective than going to trial. Our greatest concern is to obtain successful results and offer personal care to our clients.
Mediation is an excellent alternative to litigation in divorce proceedings. Contact a New York divorce mediation lawyer as soon as possible to explore this option.