Tuesday, July 16, 2013

How Will My Separation Affect My Children?

The separation of a divorcing couple is a draining experience for the entire family. The emotional toll of separation can have consequences that manifest themselves in children's social and academic lives. The result of this severe stress can negatively impact a child's grades, friends, state of mind, and even physical well-being. Fortunately, there are ways in which a couple can get separated while preserving the family atmosphere that is so vital to the healthy development of a child or young adult.

Imagine yourself as the son or daughter of two separating parents going through the litigation process. The two people who shape the person you want to be are now in a heated bout of tug-of-war and you, your siblings, your house, your pets- your life- make up the rope. One parent pulls your life as hard as he or she can in one direction, while the other parent fights to resist the offensives of the person who was once a lover, but now an enemy. The very nature of the litigation process is what damages the children. The children end up seeing their parents, who were once symbols of unity, sanctity, and order, become adversaries vying to devise how to maximize what they walk away with. The destroyed ideas of cooperation and mutual respect are so emotionally injurious to the child that he or she may end up feeling disconnected from life itself. Are we not, when it comes down to it, creatures who yearn to feel a sense of belonging? The same values that litigation inherently corrupts- cooperation, civility, and a mutual to desire to help the family- are the same values that mediation intrinsically preserves.

The essential function of a litigation-driven courtroom is to pit two opposing parties face-to-face, and let them scratch and claw for their own individual needs. During mediation, both adults sit down together with a mediator (who at Divorce Mediation & Family Services of New York is also a trained litigator) and negotiate a plan that will hopefully optimize everyone's well-being. The parents cooperating in times of separation is an expression of mutual respect, health, and even unity that helps the child understand that, even though the parents are divorcing, they still care for the family institution and, more importantly, the children themselves. Therefore, the very essence of what mediation stands for is a real-world manifestation of the healthy psyche that we want to see in our children, making it the healthiest option for the family.

Tuesday, June 18, 2013

What is mediation in the first place?

Rather than going to the battlefield of the court room, divorce mediation strives to negotiate a peace treaty between the two parties in order to achieve a long-lasting and mutually beneficial plan without the hostility and stress of litigation. Essentially, by bypassing the court system that conventional divorce mandates, both individuals are able to amicably agree on terms that will behoove themselves and, more importantly, their families. The compromise that mediation facilitates enables everyone involved to walk away from the divorce feeling like they separated according to their own terms and needs.

Mediation removes the confrontation from divorce by having both parties cooperate in developing an effective divorce and parenting plan, instead of having lawyers clawing at each other for their client's one-sided needs. While it is true that you are divorcing your soon-to-be ex-spouse for sufficient reason, don't you want the best outcome for all involved?

At Divorce Mediation & Family Services of New York, Ltd. you will be working with certified attorneys who are not only legal professionals, but trained mediators who are able to take the interests of all parties to heart and reach an agreement that will create a comfortable dynamic for years to come.

The mediator is a neutral party who utilizes his or her skills in law, psychology, and other fields to channel sometimes opposing interests into progress towards a mutually agreeable settlement. Both clients will be encouraged to put more personal motives aside and focus on the most important issues (such as the well-being of the children). It may be difficult at first, but putting one's self to the side and making a concerted effort to maximize the well-being of the family institution makes mediation a more-than-worthwhile alternative to conventional litigation.

Conventional litigation can put extreme financial pressure on a family, forcing both parties to pay for expensive attorneys, court dates, depositions, experts, massive hourly fees, etc. Mediation helps alleviate the financial stress that litigation comes with by removing a majority of the considerable time and expense found in a litigated divorce. Sessions can be booked according to a financial agenda that is comfortable for the separating couple, and the first consultation is entirely free of charge!

When it comes down to family well-being and fiscal responsibility, mediation is a clear pick over litigation. To contact Divorce Mediation & Family Services of New York, Ltd., please call us at 631-465-2140. Also follow us on Twitter @WeMediate, or Like our page on Facebook "Divorce Mediation & Family Services of New York, Ltd."