Divorce Mediation – How to Find an Amicable Divorce Mediator on Long Island
By: Megan Mason
The first meeting of divorce mediation is the foundation for the remainder of the proceedings. It involves a discussion of marital property issues such as the division of assets and debts, child support, alimony, retirement assets, real estate, and business valuation or sale. Although not all cases involve business valuation or sale, this is usually the case. Instead, the focus of divorce mediation is to settle the division of assets and debts in an equitable way.
In the first meeting, the mediator will discuss the issues that the parties wish to settle and seek to understand each other’s interests and needs. The mediator will also ask for clarifications from both parties and summarize their points so that everyone has the same understanding of the issues. Once all parties have discussed the issues and identified areas of agreement and disagreement, the process will progress to negotiating the final details. After this session, the parties will outline a settlement agreement, including any property division, child custody and visitation.
Generally speaking, divorce mediation involves the engagement of a neutral third-party who assists the parties in working out their issues and reaching a settlement. A divorce mediator may not be the best choice for a couple whose relationship has been strained by drug use, abuse, or child neglect, though in rare cases this may be a good option. Court mediation is more appropriate in cases of domestic violence, child abuse, or neglect.
Costs for divorce mediation vary, depending on the number of issues involved and the complexity of the case. Couples may opt for divorce mediation if they have settled most of the issues but are still stuck with a few remaining sticking points. If the issues are extremely complex, however, they may need the services of a lawyer. If this is the case, the mediator should provide legal advice to the parties. The cost of divorce mediation depends on the complexity of the case and the time involved in reaching an agreement.
In a typical divorce, the divorce court proceedings become public record. Divorce mediation, on the other hand, offers privacy and confidentiality of private information. For these reasons, the majority of couples opt for divorce mediation. Divorce mediation helps keep the dirty laundry out of the public eye. If the divorce case becomes public record, the parties can still choose to use it. In this way, they can work together to reach a favorable settlement.
When it comes to the issues involved in divorce mediation, it is crucial to have a thorough understanding of the issues at stake before proceeding. If one party cannot control his or her emotions, the mediation session will likely result in an unfavorable settlement. However, if both parties are capable of negotiating, the divorce process can be streamlined and less stressful. If you and your spouse are not able to agree on the division of assets and debts, it is best to choose divorce mediation instead of filing for a divorce in court.
During a divorce mediation, both parties are encouraged to talk openly about any concerns or issues that are on their minds. The mediator keeps the discussions focused on each party’s needs and brainstorms solutions to problems. The mediator’s role is to serve as a neutral third party who can help both parties reach agreement on all issues. Divorce mediation saves both parties the time and expense of going to court. Furthermore, it allows both parties to communicate freely, discuss their goals and work towards a resolution that is beneficial for both.
A divorce mediator acts as a third-party neutral in the divorce proceedings, helping the divorcing couple to find a solution without conflict or bitterness. In addition, the mediator does not impose any decisions or orders on the parties. This neutral third-party helps the divorcing couple to identify areas of agreement and reduces the length of the divorce. A successful mediation can save both parties time and money and make the divorce process more efficient.
Although divorce mediation can take a few months, it is generally effective for achieving a settlement. The mediation process is most successful when the parties have a full understanding of all issues and priorities. Following the first session, the mediator drafts a settlement agreement that both parties must sign and will become part of the final divorce paperwork. In most cases, a couple will have several sessions of divorce mediation over three to six months. Complex cases, however, may take four or six months.