Divorce Mediation can be a positive and non-adversarial process, if done properly. Divorce Mediation is simply when a couple goes to an attorney or neutral third party in hopes of coming to verbal agreements on all the matters in their divorce proceedings without needing to go to Court. The first step to mediation is that a representative from the attorneys or third party sit the couple and the parties’ children for a pre-marriage counseling session. During this meeting, the parties may talk about any problems they have regarding their divorce, and each party’s spouse may offer suggestions. The goal of the meeting is to try and come to solutions on all sides.
An Amicable Divorce Mediator. Long Island Divorce Mediation prefers an amicable outcome. This means that both parties are treated equally, with each person having an opportunity to voice their opinion without being condescended to. Because divorce mediation is a combination of talking, and listening, it is usually the less heated end of the process, and rarely turns ugly. When you go to an Attorney or Family Lawyer for a Divorce Mediation, you will want to discuss all matters related to your case.
During a Divorce Mediation, both attorneys and spouses are kept far apart, so there is no chance of seeing or speaking with each other. Also, during a Divorce Mediation both attorneys and spouses are kept as far away from each other as possible, so there is no chance of them talking about the cases with one another. The goal of a Divorce Mediation is to see if a reasonable agreement can be reached, so both attorneys and spouses do not need to hire separate attorneys to represent themselves in divorce litigation.
How Divorce Mediation Helps Everyone Involved: Because everyone involved goes at their own pace, the proceedings are relatively quick, and easy to follow. Also, because there are no legal fees or filing fees, the entire process can be completed in a much shorter time than it would be if an attorney tried the case. This is especially helpful for those who need their case resolved quickly. Divorce Mediation does require that everyone involved meet with a divorce mediator, so this may make the proceedings take longer than if each spouse hired their own lawyer, since everyone would have their own schedule to adhere to.
Divorce Mediation Free Of Fees. Divorce Mediation, along with many of the programs offered by nassau county law clinics, are absolutely free. There are no attorneys or other fees involved, so the entire process can be extremely affordable, especially when compared to the alternative of going to court.
Is Divorce Mediation A Win-Win Agreement? Mediation certainly can be a very good option for couples who want a speedy, inexpensive way to finalize their divorce. The process is simple enough for both spouses to follow, yet it can provide them with a great deal of relief from the pressures of going to court. Divorce Mediation may also help a couple learn more about themselves without going to court, as well as providing them with a means to communicate openly about their needs and concerns.
What To Do If No Agreement Is reached During Divorce Mediation: If no agreement is reached between the divorcing parties during mediation, then a judge will issue an order to the mediator stating that he or she will determine which party is “entitled” to a certain amount of alimony, and the other spouse must either accept or agree to this order. After making his or her decision, the mediator contacts the parties, and tells them of his or her decision. The parties have thirty days to respond to the order, and if no agreement is reached, the mediator will then make his or her own decision. This means that a judge will have to decide on an order himself or herself.
Divorce Mediation can provide a less stressful route to resolving a long and complex divorce. When a marital problem can be resolved informally, with the help of a neutral third party, then it is likely to be less stressful on the parties involved, and less expensive for the courts as well. Divorce Mediation can also help the children adjust to the changes that will occur in their home environment, when their parents are no longer married.