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What is Mediation and is it Right for Me?

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When most people think about the process of divorce, they picture the traditional litigated divorce process where both sides are at each other’s throats in court over every issue. However, more couples are turning to another option for settling their outstanding divorce issues in New York — mediation. Divorce mediation is a more amicable, less contentious option for divorcing couples and it might be right for you. To learn more about divorce mediation from a highly qualified expert, call or contact the Law Offices of Steven Gildin today for a free consultation.

What is Mediation?

Mediation is a form of alternative dispute resolution that focuses more on communication and compromise between spouses that have filed for divorce. Unlike traditional litigated divorce, mediation takes place outside of the courtroom, usually in an office building. Each spouse comes with their own divorce attorney and meets with a neutral third party, known as the mediator. Typically, a mediator is a retired family law judge or attorney that has an extensive background in the field.

The mediator will meet separately with each spouse to discuss the major issues left in their negotiated settlement and what their preferred solutions to these issues are. The mediator will then begin the process of going back and forth between the spouses to negotiate a solution that works for both parties. The mediator may also suggest unique solutions to your issues that specific fit your family situation.

If the spouses can agree to terms through mediation, the mediator will work with the attorneys to draw up a finalized divorce agreement. If the mediation fails, the process begins again as a traditionally litigated divorce in court. All discussions during divorce mediation are confidential, which means that even if the process fails nothing said during mediation can be used against either spouse in court, and the mediator cannot be called as a witness to testify during the traditional divorce process.

When is Mediation Right for Me?

Mediation is not right for everyone filing for a New York divorce but can be a beneficial process for many couples navigating this difficult time. Spouses that have stayed relatively amicable during the divorce could benefit from mediation, as could couples with relatively few issues to negotiate. Mediation is typically faster and cheaper than traditional divorce because you are not reliant on the court’s schedule. In addition, spouses with children should strongly consider mediation, as it promotes better communication between the couple that will be necessary to continue for the children once the divorce is finalized.

Talk to Our Office Now

There is a good reason why a growing number of couples seeking a New York divorce are utilizing mediation as a means to settle their outstanding differences. To learn more about your legal options for divorce, including the use of divorce mediation, call or contact the Law Offices of Steven Gildin in New York today.