Divorce Mediation
Mediation is a litigation alternative which is collaborative, cost-effective, and less adversarial. Below are some of the key aspects of mediating a divorce, including its benefits and the legal framework surrounding it.
What is Divorce Mediation?
Divorce mediation is a process where a mediator (who is a neutral third party) helps the parties resolve the terms of their divorce without going to court. The mediator helps the parties negotiate all of their major issues, such as child custody, division of assets and spousal support. The goal is to reach a mutually acceptable agreement that both parties can live with.
Unlike litigation, where a judge makes decisions for the parties, mediation allows the couple to decide the outcome and tailor their divorce settlement to their specific needs and desires.
Legal Framework for Divorce Mediation in New York
Divorce mediation is legally recognized and encouraged by the New York court system. Mediation, however, is a voluntary process, and both parties must therefore agree to participate.
Mediators in New York do not (and cannot) issue legally binding decisions, but once an agreement is reached, it can be submitted to the court for approval and formalized into a binding divorce decree.
Importantly, a mediator does not represent either party. Both spouses are encouraged to seek independent legal advice during and after the mediation process.
Benefits of Divorce Mediation
- Cost-Effective: Mediation generally costs less than litigating. Attorney fees, court fees, and other litigation expenses are significantly reduced because the process is much quicker and less formal.
- Faster Resolution: Mediation can take weeks or months, whereas a litigated divorce can drag on for years.
- Less Adversarial: Mediation encourages cooperation, helping to reduce hostility between spouses. This is especially beneficial for couples with children, as it will (hopefully) lead to a healthy co-parenting relationship after the divorce is finalized.
- Control Over Outcomes: Couples maintain much more control over major decisions affecting their lives. In litigation, a judge makes binding rulings, which can often leave one or both parties dissatisfied.
- Confidentiality: Mediation is a confidential process and, therefore, provides a level of discretion that many couples appreciate. In contrast, court proceedings are typically public.
Key Issues That Can Be Resolved In Mediation
- Child Custody: Parent can mediate how they will share custody, visitation schedules, and decision-making responsibilities for their children.
- Division of Assets: The parties can mediate the equitable distribution of marital assets and debts and can agree on an arrangement that is more flexible than what a court might otherwise impose.
- Spousal Support (Maintenance): Mediation can address whether one spouse will provide financial support to the other after the divorce and, if so, how much and for how long.
- Child Support: The mediator can help the couple calculate child support obligations based on New York state guidelines, while addressing any special needs or considerations.
Is Divorce Mediation Right for You?
Although divorce mediation is beneficial for many couples, it may not work in every situation. Mediation is most effective when both parties are willing to negotiate in good faith and can communicate openly. Conversely, it may not work in cases involving domestic violence, substance abuse, or where there is a significant power imbalance between spouses.
Divorce mediation in New York can result in a less contentious, more affordable, and substantially quicker divorce. By focusing on cooperation and communication, it allows couples to control the outcome of their divorce, ensuring that their needs – and the needs of their children – are met in the best possible way. While not suitable for every divorce, mediation is a valuable option for many couples seeking to avoid the emotional and financial toll of courtroom litigation.