Whether you have been married for a few months or many years, divorce can be a painful, emotionally taxing experience. Mediation is a less expensive, more productive, and less harmful alternative to Divorce litigation. As with Collaborative Law, Mediation is a structured process that provides an alternative to the unnecessary expense and emotional turmoil of divorce litigation. The mediator provides a safe atmosphere and the leadership to help the parties have a series of discussions that focus on uncovering the pertinent issues and resolving them with less emotional turmoil and financial expense. Mediation offers you the opportunity to participate in and focus on what is important to you, your family, and your future.
How Mediation works
You and your spouse hire one person, an impartial mediator, to assist you in resolving your divorce issues. Mediation is therefore the least expensive Divorce assisted alternative. Mediation is a non-adversarial process in which you and your spouse, with the assistance of the mediator, make decisions that affect your lives and the lives of your children. The agreement that you arrive at must be acceptable to both parties, and the agreement then forms the basis for an Uncontested Divorce. The key component of mediation is that the final resolution is determined by the parties themselves rather than being imposed by a judge.
The mediator is a neutral party who cannot order either of you to do anything. He or she will help to defuse emotions, and guide both of you through the web of difficult issues. Through extensive training and experience, mediators can suggest creative solutions to problems that the parties may have considered “unsolvable”. Divorce Mediators deal with every issue involved in the dissolution of a marriage: Distribution of Marital Property and Debts, Child Custody, Vistitation, Child Support issues, and Spousal Support.
Instead of airing these personal and often painful subjects in a public arena (the courtroom), you deal with them in the privacy and confidential setting of the mediator’s office. The costs are significantly less than battling it out with opposing divorce attorneys. Most importantly, the process helps the parties avoid destructive battles, which impact upon the parties and the children of the marriage.
Key advantages to Mediation
- Children’s Best Interest. The scars caused by contentious litigation may be deep and difficult to heal. By deciding to resolve your marital issues in a non-contentious manner, you lay groundwork for going forward in a positive fashion. If you have children, avoiding the anger and emotional damage caused by litigation creates a positive foundation for you and your spouse to work together effectively as parents after the Divorce.
- You Save Money. You and your spouse hire only one person so expenses are reduced. In addition, litigation can be extremely expensive so agreeing not to litigate saves you money.
- You Retain Control. In mediation you and your spouse take complete responsibility for shaping the settlement as the key members of the team. You and your spouse, not a judge, are making the decisions that affect your family.
- Less Stress. As with Collaborative law, in Mediation you can focus on settlement. Removing the threat of “going to court” reduces anxiety and fear, thereby helping you focus on finding positive solutions.
- You Save Time. Litigation can take years to resolve your Divorce issues. Without relying on the Court’s schedule and intervention, Mediation is less time consuming so that you can get on with your life.
Call Lauren at 212-876-9476 for a free phone consultation to discuss which alternative is best for you and your family.