Divorce Mediation In New York
The average cost of divorce mediation in New York, is between approximately $4,500 and $8,500. This price range includes the cost for one to four mediations, the time it takes to complete the litigation, and other costs associated with a divorce such as trial fees, attorney filing fees, and the filing fees for the Appellate Process. Divorce Mediation requires both parties to participate. The spouses each select a Marriage and Family Attorney that they believe will best represent them in the mediation process. Once the selected attorney is chosen, the spouse attending the mediation must agree with the initial decision of the Family Attorney regarding the Divorce Mediation and sign the agreement provided at the time of meeting.
In addition to the standard fees set forth in New York Family Law, there are other costs associated with Divorce Mediation in New York. These fees can be separate from the standard Divorce Fees. Some of the additional costs include: housing and support for children, transportation costs related to driving for the spouses, entertainment costs related to the divorce, spousal support, child custody and visitation, child support (if applicable), attorney fees, appraisals, taxes, deposit and interest, as well as any other costs required by the particular divorce agreement being negotiated. Some of the items being covered may not be included in the final agreement; these additional costs are typically disclosed in the “ainer” or” affidavit” accompanying a divorce settlement form.
Once the parties have selected their Divorce Mediation Company, they will each schedule a thirty-five minute session at the office of the Divorce Mediation Company. Unless the spouses have selected to attend court proceedings, this will be their first opportunity to communicate directly with the Divorce Mediation Company. There will be no prior evaluations of the facts or concerns raised by the divorcing spouses. This is one of the biggest advantages to using a trained divorce mediator.
The goal of the Divorce Mediation is to obtain an agreement between the divorcing parties that they can live with. In order to achieve this goal, the divorce mediation will involve both attorneys and spouses. This provides the opportunity for the attorneys to communicate with each other in an open and effective manner that cannot be achieved through the more traditional methods of divorce litigation. For example, unless one spouse is willing to give his or her side of the story in an open and honest manner, an attorney will not be able to present all sides of the issue to the divorcing couple’s attorneys for review prior to the mediation begins.
Although an extensive amount of time may be involved in a typical divorce mediation, there is usually no need to actually appear in court during the proceedings. As soon as you have decided to use divorce mediation as opposed to traditional divorce litigation, you will need to schedule a meeting with a trained mediator. This should take place within two to four weeks from the filing of the divorce papers in your jurisdiction. The divorce mediation is generally planned around your needs and desires, as opposed to what your attorney would like. If necessary, you will be able to have your divorce finalized and completed in a reasonable period of time. If you are having a difficult time reaching an agreement on key issues, the Divorce Mediation process may be beneficial to you.
Your initial meeting with the Divorce Mediation Counselor will include a review of the custody and visitation schedules that are agreed upon between you and your spouse. These schedules will also include provisions for child support and alimony payments. The purpose of the review is to ensure that the provisions that were agreed upon are the most beneficial to you and your children. Once the written agreements have been reviewed, you will be able to move forward in the divorce mediation process. You will be free to discuss issues that have been unclear to you or that you are not comfortable discussing.
The average cost of divorce mediation in new York will be approximately one hundred and fifty-five thousand dollars. New York has some of the most expensive real estate markets in the country and the high fees associated with mediation can be somewhat extreme. The most common scenario is that each party will submit their own financial information and a Settlement Review Officer will then review all of the information submitted. From this information, an unbiased third party arbitrator will then render a binding decision on behalf of all parties. Many of the decisions reached via mediation will result in a settlement of assets and other monetary matters that will be used to pay any outstanding alimony and child support amounts. In some instances, an arbitrator may decide that both parties should share in the distribution of these funds.
Although the costs of divorce mediation in new York can be extreme, many couples find that they can work out an agreeable agreement without the assistance of an outside professional. It will be important that your spouse is prepared to accept whatever decisions an arbitrator renders concerning any assets, debts or financial concerns. If your spouse refuses to cooperate with you or does not fully cooperate, then hiring a divorce mediator might be the best choice for you and your situation. There are many different divorce mediators in New York that are experienced at facilitating divorces and helping couples to resolve their differences amicably. By taking advantage of the services of a New York divorce mediator, you can work out an agreement that benefits you and your spouse.