Divorce Mediation – How to Find an Amicable Divorce Mediator on Long Island
By: Megan Mason
The main goal of Divorce Mediation is to resolve your legal issues in a friendly, efficient manner. While the parties do not necessarily have to agree on every detail, they must be willing to compromise and negotiate amicably. Effective mediation requires honesty and an ability to communicate needs and reasonable demands. If one or both of the parties has hidden assets, abuse, mental illness, or paternity issues, mediation may not be appropriate. Moreover, unrealistic demands will impede the negotiation process.
Initially, the mediator will want to know what issues need to be discussed. The divorce parties should share information regarding assets and liabilities. These include marital homes, vacation homes, time-shares, and savings accounts. If possible, the mediator will be able to set an agenda for the division of assets and liabilities. The mediator can also help the parties fill out paperwork that they need to complete. The mediator is not a lawyer or divorce attorney.
Although divorce mediation can help the parties reach an agreement faster, the presence of a lawyer can sometimes create tension. To make sure you get the best deal possible, hire a divorce lawyer before the session and use your lawyer to negotiate afterward. If your spouse has a divorce attorney, it is best to hire one as well. Otherwise, you may find yourself in a worse position in negotiations. So, it is always best to consult an attorney outside of the mediation sessions.
Divorce Mediation requires three to five sessions. Each session typically lasts one to two hours, depending on how quickly the parties can reach a settlement agreement. The final agreement is then filed with the court. The finalization process of a divorce can take a couple of months depending on the complexity of the case. But in most cases, parties who attend a divorce mediation session do so with goodwill. If both parties are willing to work through the process, the divorce can be finalized within three to five sessions.
While divorce judges strive to be objective, they do not know the unique circumstances of each family. This makes them vulnerable to making decisions that may not be in their best interest. Divorce mediation allows the participants to delve into issues and craft creative solutions. It can help both parties communicate effectively and avoid further conflicts. Ultimately, divorce mediation can lead to a successful outcome and help them move on with their lives. And in the process, everyone feels like they won.
A divorce mediator is neutral, but not an advocate. The role of the mediator is to assist the divorcing couple to reach an agreement. The mediator is not a judge and will not dictate the final decision. The process allows both sides to remain in control of the decision-making process. This means that the mediator can help them reach an agreement on all major issues and still maintain their relationship. Divorce Mediation can save both parties a great deal of time and money. It also reduces the caseload of the Family Court System.
In a divorce, finances are one of the most difficult parts to resolve. Both spouses will need to divulge sensitive financial information, including bank accounts, retirement funds, stocks, and any other assets or debts. Often, one spouse has more experience with the financial aspects of the family than the other, so it is vital to thoroughly investigate the marital estate before agreeing on a property settlement. However, mediation does not guarantee a fair outcome for both parties.