04 Dec What is the Suffolk County Matrimonial Mediation Program?
Prior to advancing in the litigation process for a contested divorce, Suffolk County has implemented the Matrimonial Mediation Program to provide couples a quicker, less expensive alternative option prior to a traditional court proceeding. The Matrimonial Mediation Program has no additional costs or fees to participate in the program.
Divorce mediation is one of the most convenient, effective, time saving and therefore frequently adopted ways of parting ways with your soon to be ex-spouse. Getting a divorce is never easy. There are always repressed emotions, anger, anguish, grief and heartache involved while separating at both sides. During the times of this emotional upheaval, it can be hard to think straight, let alone make important decisions. The situation gets even graver if there are children involved.
Divorce mediation provides you a chance to negotiate and finalize the separation outside of court. In most of the cases, both partners find it more suitable to settle their affairs outside court and decide what is best for them through a divorce mediator.
What is a Divorce Mediator?
A divorce mediator would be a neutral third party – meaning he wouldn’t be at the ‘side’ of any of the separating individual. His role is only to provide a neutral space for both parties to resolve their issues as cordially and politely as is possible. This is specially recommended if there still is bitterness and resentment brewing in the minds of the separating parties. The Suffolk County Matrimonial Program uses retired matrimonial judges who are appointed by the District Matrimonial Judge and have at least 2 years of experience in family mediation and forty hours of Family Mediation training.
Do I Need a Lawyer for Mediation?
Although having an attorney isn’t necessarily required, it is highly recommended. An attorney that is experienced with matrimonial law will guide you through the divorce process, and will keep you well informed about agreements involving financial, legal and other issues that may come up.
How Do I Have My Case Referred to the Suffolk County Matrimonial Mediation Program?
If you have an active matrimonial action pending in the Supreme Court, most matrimonial cases filed in Suffolk County qualify for referral to the Suffolk County Matrimonial Mediation Program. Therefore, your assigned Justice would make the referral of your divorce to the program. However, cases involving child abuse or neglect, domestic violence or a severe power imbalance between the parties may not be appropriate for the program. Your case will be initially screened by the Court and thereafter continually screened by the assigned mediator to prevent inappropriate referrals.
What if the Mediation Process Isn’t for me?
You are only obligated to go to the initial session with your spouse and the mediator. At any point after that, either party or the mediator can terminate the mediation and continue with the litigation process. Your case will continue without delay before the assigned Judge. The litigation process shall continue, meaning any submitted motions will be decided, all discovery shall be exchanged and completed, and from time to time, conferences will be held with the Court.
Will Anything Discussed During Mediation Be Used Against Me In Court?
All written and oral communication between the mediator and the parties during the mediation sessions are confidential. All information obtained with the mediation process, including notes, memoranda, work product or a case file maintained by the mediator, shall remain confidential and not subject to review or disclosure in any present or future judicial proceeding.
Nothing of substance that occurs during the mediation process will be revealed to the referring Judge by the mediator. However, at the conclusion of the mediation process, the Mediator will issue a limited report of the outcome and the time spent mediating to the referring Judge. Further, unless there is a mutual agreement to disclose the outcome of the mediation, neither party nor their attorneys would reveal the outcome to the referring Judge.
Divorce mediation service can be a positive and helpful choice. If you are considering a divorce that is mostly uncontested, or simply want to save time, money, and receive help in controlling the outcome of your future in an atmosphere of cooperation, mediation may very well be a better alternative to litigation. A divorce mediator can guide you and make suggestions on how certain aspects of your divorce should be handled.
At Suffolk County Divorce Mediation, the time it takes for your divorce to resolve is entirely up to you. You schedule your own sessions. Although we pride ourselves in fast turn-arounds, we encourage you and your spouse to schedule sessions with enough time in between to contemplate the divorce settlement agreement you are working toward and how it will affect your future lives.