What is Divorce Mediation and What Should I Expect?
The divorce mediation process allows separated couples to interact with professional third-party and neutral mediators to help resolve their divorce settlement. This is typically a less stressful and less costly process than a divorce trial and it proceeds much faster.
Since spouses have the final say in their divorce, it’s good to talk to a lawyer first. A lawyer can help you with your best interests before you file with the court. The Law Offices of Diron Rutty explains what to expect during the mediation process and how to reach an agreement.
What is Divorce Mediation?
Before figuring out what to expect in divorce mediation, you should know what it is. Divorce mediation is a process where a neutral person, called a mediator, helps couples who are getting divorced. The mediator assists them in negotiating and reaching agreements on different parts of their separation.
Divorce mediation can be used to settle issues and reach agreements about:
- Property division
- Child custody
- Child support
- Spousal support
Key Aspects of Divorce Mediation
Overall, divorce mediation can be a constructive way for couples to resolve their differences and reach a settlement that works for both parties while minimizing conflict and stress. Here are some key aspects of divorce mediation:
- Voluntary Process: Mediation is typically a voluntary process, although some courts may require it before proceeding to litigation.
- Neutral Mediator: The mediator does not take sides or make decisions for the couple. Instead, they facilitate communication and help the couple explore options and reach mutually acceptable agreements.
- Confidentiality: Talks in mediation are usually private. This allows couples to share openly without worrying that someone will use their words against them in court.
- Cost-Effective: Mediation usually costs less than going to court. It can lower legal fees and save time in legal disputes.
- Control and Flexibility: Couples can control the outcome better. They work together to find solutions that fit their situation. This is better than having a judge decide for them.
- Focus on Cooperation: Mediation encourages cooperation and communication, helping to maintain a positive relationship post-divorce, especially when children are involved.
- Faster Resolution: Mediation can often lead to a quicker resolution compared to the traditional court process.
What to Expect From a Divorce Attorney During Divorce Mediation
The secret to a smooth divorce mediation process is choosing an experienced lawyer. This will ensure they are well-versed in the current laws that pertain to your particular state and get you a divorce decree you and your spouse both find mutually acceptable.
Structured Discussions
Your divorce lawyer will start organized conversations about dividing your assets, custody, visitation, and other important matters. Your mediator will want you to discuss your finances, assets, and goals after the divorce. This should happen before your mediation sessions end.
The mediator will help both of you during the discussion. They will make sure everyone is treated with respect. Each person will get a fair chance to speak. Your lawyer will be there to help you with support and legal advice, and to ensure you document everything properly.
Professional Guidance
Historically, mediation discussions have not involved mediators. Spouses were allowed to determine the result of their divorce settlement without the help of the attorney’s insights, and mediators only facilitated the discussions. Some old-school mediators still practice the style today, but it only leads to unfair conclusions.
In today’s divorce mediation, a divorce lawyer can help make the process easier. They can present information fairly. This way, spouses can make the best decisions for themselves. They can even file with the court on your behalf.
Neutrality
Finally, expect that your divorce mediator will be neutral in all case aspects. They will support you in the divorce case, support your issues, and, if necessary, facilitate custody. If you sense a slight bias in your mediator, we recommend looking for a new divorce mediator. It saves you a lot of time and money in the long run.
Contact Our Attorneys for a Mediator Who Will Help You Reach an Agreement
Mediation is an important part of the divorce process. If you want to achieve the best possible outcome in your divorce, the best way to do it is to choose a good mediation firm. Now that you know what to expect in divorce mediation, it’s time to contact The Law Offices of Diron Rutty to assist in your New York divorce mediation.