How the Mediation Process in New York Can Be Beneficial to You
When a dispute arises, it's become common for one party to threaten to sue the other. It's much rarer for one of the parties to suggest alternative dispute resolution, and that's unfortunate because mediation can be an excellent way to resolve differences.
The mediation process in New York is much like it is elsewhere in the country. Two or more parties come together with another party, the impartial mediator, to try to reach a satisfactory agreement. Mediation isn't necessarily about one side prevailing over the other. Instead, the focus is on negotiation and collaboration, a give and take in which everyone involved gains at least a portion of what they desired.
That doesn't mean that the mediation process in New York doesn't involve litigation. At times, a case begins with a formal complaint filed in court. After months of legal wrangling, the two sides decide to try mediation because the process tends to be less formal and time consuming as well as being far less adversarial. The parties are free to continue their litigation after mediation if the process isn't successful. However, mediation is frequently able to bring most disputes to a satisfactory conclusion that leads to the withdrawal of the court case.
In fact, many experienced lawyers in New York make every effort to settle disagreements with alternative dispute resolution before even considering filing a lawsuit. That's because they recognize the value to their client of reaching an early resolution through mediation. Rather than spending months or more wrapped up in costly litigation, the parties are able to create an agreement that satisfies both sides. The result is that everyone involved can move forward after a successful negotiation process. Many times, it is possible for the two sides to continue with an amicable relationship that stands the test of time.
Mediation is often used as an effective means of finalizing divorces. However, it has many other uses as well. Former spouses may come to the mediation table to iron out lasting child custody issues. Disputes between employers and workers are often mediated as are disagreements over the terms of a contract between two business entities. There really isn't a dispute in which mediation cannot play a useful role. All that's needed is the willingness of both parties to reach some common ground.
Sabra Sasson is an experienced mediator-attorney in New York City who has helped couples navigate the divorce mediation process for more than a decade. Contact Sabra Law Group at (646) 472-7971 to learn more about the mediation process in New York and to determine if it is right for you in your situation.