Why Choose Divorce Mediation?

Divorce Mediation is when a couple meets together with an attorney or mediator in the hopes of coming to agreements on the issues within their divorce proceeding without having to appear in Court.  The main thing to know in mediation is that the attorney/mediator does not represent either party. Therefore, the attorney/mediator cannot provide either party with specific legal advice. In Divorce Mediation the attorney/mediator provides the couple with the laws of New York State in a divorce proceeding and then helps facilitate a conversation between the parties so the parties can come to a mutual agreement on all their issues within their divorce.

Divorce mediation is typically more cost effective than divorce litigation. Rather than each spouse hiring their own attorney, they are only paying for one divorce mediator. At Suffolk County Divorce Mediation, we have an initial fee that serves as an hour-based retainer. Our fee estimates the amount of time is needed to complete the mediation process.  This is still far less costly than litigation which takes substantially longer and requires two separate retainers, court costs, paying two attorneys and other incidentals such as travel and expert witnesses. Some of these costs easily become out of your control. For example, there is a good chance you are paying for your attorney while you sit at court waiting for your case to be heard. With mediation, the entire process is arranged on your time, which will ultimately save money as well.

The length of time the mediation process takes is in the hands of the parties. The beauty of mediation is that there are no strict time requirements that have a to be met like there are in contested divorces that are in Court. The process of mediation can be as quick or as slow as the parties want them to be. The parties are in the drivers seat in divorce mediation and, therefore, are in control. At Suffolk County Divorce Mediation, we understand that most couples enter into divorce mediation in order to complete their divorce as quickly and amicably as possible. Therefore, we strive to achieve the same. However, in the end, how quickly the parties can come to agreements is up to them.

Once you are able to successfully mediate each and every issue within your divorce, the attorney/mediators at Suffolk County Divorce Mediation will draft and submit all of your paperwork to the Court. This includes your Stipulation of Settlement and all of the ancillary divorce documents, including the Judgment of Divorce and Findings of Fact, that need to be filed with the Court.

Divorce mediation tends to be less stressful than divorce litigation as the parties are in full control of the dissolution of their marriage. Instead of hiring two attorneys that have a vested financial interest in a prolonged court battle, our Suffolk Mediators have a genuine desire to make your divorce as simple and stress free as possible and to get it done in a timeframe that suits your needs. The parties are in control of all aspects of their mediation from the agreements they come to or how long or short the mediation process is. Also, if you are able to successfully mediate, you will never step foot inside of a Court room. This will alleviate the need to follow the strict time requirements set by a Judge.  

Unfortunately, if your spouse does not want to mediate you will not be able to do so. In mediation, both parties need to voluntarily agree to mediate in order for you to even begin the process of mediation. The role of the mediator is to foster open communication and to ultimately resolve marital issues in a way where both parties are satisfied. Mediation is unbiased, and both parties are present and informed throughout the process. Our Suffolk County Divorce Mediation Firm will not discuss any substantive issues with respect to your divorce, if both parties are not present, including the initial consultation.

If you have children, matters of custody, visitation and child support will be discussed. The mediator will advise you of the laws pertaining to custody and visitation, as well as child support. However, ultimately, the terms for those three issues will be agreed upon solely by you and your spouse. 
Many parents may feel that joint custody is best for their children. Our Suffolk County Divorce Mediators can facilitate cooperative communication regarding child custody and visitation. A parenting agreement should be made with stipulations for potential changes (ie., holiday schedules, emergencies, etc.) that meets your child’s best interests. Some factors that may play into a parenting agreement are as follows:

Child support in a mediated divorce works much like spousal support does. Most parents will agree that their children’s wellbeing is paramount, and having financial support is a key aspect in both their wellbeing as well as their upbringing. If you’re willing to work together, your Suffolk County Divorce Mediator can inform you on how a judge would determine your post-divorce child support given each other’s financial statuses and based on the Child Support Standards Act. From there, you and your soon-to-be ex-spouse can make an informed decision on how you want to handle child support. It’s entirely up to the both of you how child support should be handled.

If you have a pension or any other retirement account the mediator will provide you with the laws pertaining to how those assets are divided. Typically, each party is entitled to 50% of the marital portion of the other parties retirement accounts. However, as long as the parties agree you can decide to use a different percentage or waive the other parties retirement accounts completely if you should choose to do same. Ultimately, the terms for these matters will be agreed upon solely by you and your spouse. The mediator is an unbiased 3rd party who can facilitate the communication between both parties, help overcome the obstacles of separation so you are fully able to make informed decisions regarding your divorce.

There are several different outcomes in regard to the marital residence which will be discussed with the mediator during your mediation sessions. Some of the outcomes include selling the material residence or one party buying out the other parties interest in same. However, once again, the terms regarding the distribution of the marital residence will be agreed upon solely by you and your spouse. Our divorce mediators won’t allow one spouse to overpower another. Both parties are given the same, unbiased treatment, and are fully informed of the legalities surrounding their divorce, including matters of marital residence.