In most cases, divorce is an unpleasant circumstance that no one wants to deal with. However, life happens and brings all manner of unexpected situations that can push a married couple beyond their limitations, resulting in the need for a divorce. Fortunately, there are more efficient ways to process a divorce and help couples and their families move on than by standing in front of a judge. One of these ways is a mediated divorce.
How Mediation and Divorce Work
Mediated divorce is a voluntary settlement process that many married couples and domestic partners find more beneficial than a standard divorce.
The process begins with both sides deciding they would like to go through mediation instead of through the courts. Next, a mediator is chosen. Qualified mediators are available throughout the state.
During mediation, the mediator will meet with both parties and address all of the issues the couple must resolve before reaching a final agreement. They will work to bring both parties together in agreement and make sure that the wishes and desires of both sides are communicated and heard.
Should I Have a Lawyer for Mediation?
Yes. Even though a mediator is working hard to make sure both sides’ needs are addressed, both parties should have an experienced divorce lawyer representing them.
The mediator is a neutral party and cannot advocate for either side. However, a divorce is, at its heart, an adversarial process, and there are issues that invariably come up that necessitate the services of skilled counsel.
The Main Benefits of Mediated Divorce
Mediation would not be so popular if it didn’t offer some benefits not found in standard divorce proceedings, and it does.
Mediation is typically far cheaper than going through the courts. One main reason is that the back-and-forth that typically happens with divorce cases is eliminated. Communications between the parties occur in real-time, meaning things get decided more quickly and cost less as a result.
The family court system throughout New York is frequently overworked and understaffed, which means your case’s resolution is at the mercy of the judicial branch’s schedule.
Hiring freezes, state holidays, and other factors typically extend the time it takes for divorce cases to reach their resolution. However, when you choose mediation, your case is not subject to the delays and cancellations so common in the court system.
Mediation is greatly suited for those couples who want to retain significant control over their divorce agreements. Going through traditional channels means looping a judge into all of the decisions the partners make. But mediation gives couples the power to decide how their lives will look post-divorce. This is an attractive prospect to many.
If you and your partner are considering divorce, consider going through mediation. You will likely save significant time and money and you will have substantial control over the ultimate divorce agreement.
For help getting started, contact The Cimino Law Firm to learn how the process works and what steps you should take next.