09 Nov What is involved in the Divorce Mediation Process?
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 or mediator does not represent either party. Therefore, the attorney or mediator doesn’t provide either party with specific legal advice. In Divorce Mediation the 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.
When a divorce is “contested”, this means that both parties aren’t in agreement over issues related to their divorce, such as property allotment, asset distribution, child custody, child support, spousal support etc. When a divorce is uncontested, this means that both parties are in full agreement regarding these issues. Although rare, this can make for an amicable divorce. There may be a stigma that Divorce Mediation is only designed for contested divorces. But couples who are fully uncontested greatly benefit from Divorce Mediation too.
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 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 driver’s seat in divorce mediation and, therefore, are in control. Most couples enter into divorce mediation in order to complete their divorce as quickly and amicably as possible. The mediator may give advice as to how much time you might need to make an informed decision on important matters. However, in the end, how quickly the parties can come to agreements is up to them. They can schedule their own sessions and don’t rely on the courts for the process to occur. Many couples dread how slow it can be to wait on the courts to move forward with their divorce, so this flexibility gives mediation a huge advantage.
The process of divorce mediation begins by discussing the matters surrounding your divorce, such as property allotment, spousal and child support, custody, visitation rights, etc. After discussing these matters, you are informed on the legalities involved, and are ensured that both parties are ready to make decisions.
After both parties are fully informed on the consequences of their decisions, it’s time to come to agreements that work for all parties involved, including children. With an unbiased view and vital experience with divorce mediation, it is the mediators job to help you come to agreements that suit all parties involved.