IS MEDIATION RIGHT FOR YOU?
Posted by Robyn D. Weisman, Esq. on April 27, 2023
Divorce Mediation is a kinder, gentler way to enter into a divorce or separation. It is much less expensive, much more amicable and much quicker than a traditional courtroom battle which is becoming less the norm.
But is it right for you?
When it comes to families with children, family law over the years has changed significantly. Both parents are more inclined to play an active role in their children’s lives. In mediation we encourage parents to develop “parenting plans” that meet the needs of the children and the parents, allowing both parents to spend a substantial amount of time with their kids. Co-parenting plans focus on the children and their needs and take away the “custody” battle. Although divorce is an end to the marital relationship, the parental and family relationship continues. Mediation is designed to promote communication and therefore can help families establish their new- post-divorce relationship and life.
Because mediation is a less contentious process than a courtroom divorce, couples without young children find their way into mediation as the process focuses on negotiation. The division of the property and assets with the help of a neutral third-party helps to develop an amicable resolution and one that meets the concerns of the parties. A mediator is required to be a neutral party and works with the couple for the good of both parties.
Mediators address the following: equitable distribution of assets and debts, spousal maintenance (alimony), health insurance, and parenting plans.
Is mediation right for you?
Unless there are issues of protective orders or spousal abuse mediation is the better alternative. Even with those issues now that video-conferencing is an option parties can feel safe in their own environment
* Mediation reduces conflict between the parties and can even improve their relationship.
* It saves time and money and provides the couple with the opportunity to independently reach agreement.
* Mediation generally offers a more cost efficient and time efficient means of resolving divorce disputes.
* Now with the addition of zoom and video-conferencing mediation is especially well-suited as an effective alternative to litigation because it can be done while maintaining social distancing and more convenient times and locations.
* Having an attorney who is a trained mediator is an added benefit as your legal rights will be protected and the legal paperwork can be accomplished.
* Communication with the assistance of a trained mediator and between parties can lead to a mediated conclusion that is beneficial to all involved.
Robyn D. Weisman, Esq., Attorney, Mediator, Collaborative Lawyer, Director of Divorce Mediation & Family Services of New York, Ltd. Serving all boroughs of New York City and Long Island 631-465-2140
Disclaimer: The information obtained at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
