Divorce Mediator in Rochester Answers 5 Questions About Mediation [Video Q&A]

The thought of a contentious divorce process can feel intimidating, especially when you’re worried about your finances, your home, or your children’s future. But divorce mediation may be a more suitable option for you and your spouse. It gives you a chance to discuss disagreements and, in many cases, work toward mutually acceptable terms with less conflict. As a divorce mediator in Rochester, Michelle Cimino often hears couples ask whether divorce mediation is right for them. They might also wonder how the process actually works and whether it helps them avoid a contested court proceeding.

Here are five of the most common questions about divorce mediation, answered.

1. What Is Divorce Mediation?

Michelle Cimino often hears this question: What is divorce mediation, and can it help my case?

Divorce mediation is a process in which a neutral third party (a mediator) helps spouses discuss disagreements and work toward a voluntary agreement on the terms of their divorce. The mediator guides the conversation, while you and your spouse work to reach an agreement on your own. If you reach a settlement, the resulting written agreement is legally binding.

As a Rochester divorce mediation lawyer, Michelle Cimino can discuss your options for a less contentious resolution to your marriage, including mediation, attorney-led negotiation, or collaborative divorce.

2. What Does a Divorce Mediator Do?

A divorce mediator is a neutral third party who can help you and your spouse negotiate the terms of your separation or divorce. This neutral party may help you identify issues and encourage both spouses to voice their concerns. The mediator may also help you explore possible solutions without taking sides.

In a mediation session, the mediator keeps the conversation focused and helps spouses communicate more clearly and understand each other’s priorities in the divorce. Ultimately, you and your spouse decide whether to agree and what terms to accept.

3. Can Mediation Help Us Avoid Going to Court for Divorce?

Mediation may help you resolve disagreements without a contested court hearing or trial. However, even if you agree on all the terms, you still must file the required divorce papers, and a judge must sign the divorce judgment.

Michelle Cimino finds that many of her divorce cases, including those that go through mediation, don’t require contested hearings. You have to go to court when there’s a major disagreement or, most commonly, when attorneys can’t sort out custody and visitation issues.

But two spouses can often resolve those issues through negotiation and avoid the time and expense of going to court.

4. How Long Does the Divorce Mediation Process Take?

How long divorce mediation may take depends on how many issues you and your spouse need to resolve and how quickly you can reach an agreement. Some couples can resolve their issues in a few sessions, while others spread the process over weeks or months. Issues that may increase the mediation timeline include:

• Child custody and visitation
• Child support
• Division of assets and debts
• Resolving complex assets

This describes the mediation process, not the time needed to finalize the divorce. Preparing and filing the divorce papers and obtaining the court’s judgment require additional time.

5. What Happens if We Cannot Reach an Agreement With a Divorce Mediator?

If you and your spouse cannot reach an agreement with a divorce mediator, you can schedule additional mediation sessions, negotiate through attorneys, or move forward with a contested divorce.

If you can agree on some issues but not others, mediation can produce a partial agreement. In New York, matrimonial mediation programs recognize partial, complete, and no-agreement outcomes. For example, you might agree on dividing property but still disagree about parenting arrangements.

Speak to a Divorce Mediator in Rochester

As a divorce mediator in Rochester, Michelle Cimino helps spouses work toward divorce agreements on their own terms. If you’re concerned about dividing property, making parenting arrangements, or resolving other disagreements, understanding how mediation works can help you decide how to proceed.

When she learns more about your situation, Michelle can explain your options for resolving your marriage and whether mediation is right for you and your spouse. Schedule a confidential consultation today.