Basics of Divorce Mediation in New York


Divorce mediation in New York is one of the methods that couples use to negotiate a divorce settlement.  Going through mediation can help save significant time and money by not having to litigate issues that the parties can ultimately reach an agreement on.  Some of the basics of divorce mediation in New York are discussed below, but if you have any questions about the process, ask your divorce attorney or mediator for more information. 

Mediation usually involves the two spouses, their respective attorneys and a third party neutral called a mediator.  The purpose of mediation is for the parties to meet and ultimately reach an agreement without the intervention of the court.  The mediator is not a judge.  He or she has no power to impose a decision on the proceedings.  Instead, he or she considers both sides of the case and points out strengths and weaknesses, as well as the consequences of proceeding with litigation.  He or she attempts to facilitate communication between the parties so that the best decision is reached for the family. 

In a typical mediation session, your attorney will provide background on your version of the case before the day of mediation.  At the mediation session, the mediator will explain the goals of the mediation process and any rules that he or she has.  Additionally, the mediator will explain that the process of mediation is confidential and that he or she cannot report back to the court about anything that was said in mediation.   In some mediation sessions, the mediator may break off into private caucuses with each party privately and then will funnel information back and forth in accordance with the instructions of the parties.  When the parties reconvene, they may sign off an agreement that they helped negotiate.

This is a very condensed overview of the mediation process.  For more information and to find out whether mediation is appropriate for you in connection with your divorce, contact an attorney at The Offices of Sabra Law Group, PLLC for a 100% FREE consultation at 646-472-7971.

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