New York Divorce Mediator Discusses Divorce Mediation vs. Court Litigation


Litigated divorce could be extremely expensive. While couples may choose to resort to litigation due to expectation of organized proceedings in the presence of lawyers, litigation may not always be so. Litigation could even lead to protracted meetings which might aggravate existing conflicts between couples.

With the expense involved, time consumed and tension-generating meetings, it is not surprising that more and more couples in New York are resorting to mediations as their alternative to a litigated divorce.

Why couples prefer divorce mediations?

First, divorce mediations take less time (generally) than adversarial proceedings in court. It involves fewer meetings mediated by a divorce mediator. Too often, litigations are prolonged due to circumstances beyond the control of the couple (i.e. postponements, full court calendar). With mediation, only the presence of the couple and the divorce mediator is required. Presence of counsel for each of the parties is optional. Without intervention of numerous parties, mediation produces more rapid results.

Second, divorce mediation conferences are held privately. Discussions of the couple, their children during the mediation sessions are held in private. Couples are more free to express themselves and talk about more sensitive issues like parenting and child custody and money, assets and finances more freely than in court. Additionally, schedule and venue of these conferences are flexible and are agreed to by the couples and the mediator.

Third, divorce mediations offer the same results at a fraction of the expense of a litigated divorce. Mediation sessions are typically fewer in number than court appearances. This is because the issues are discussed and progress is made during the mediation sessions, whereas in court, motions are filed, hearings are held, and then there is wait time for the court’s ruling. In fact, no pleadings are to be prepared in mediation other than a mediated settlement agreement. Hence, decisions are reached more quickly enabling the couple to move toward a written settlement agreement more quickly as well.

Often, couples are forced to resort to litigation expecting that legal fees will be shouldered by the other. However, not all divorce-related expenses are chargeable against the marital “community fund”. Couples must remember that any divorce-related expense (if chargeable) will ultimately lessen the fund to be split and shared.

Fourth, divorce mediations allow the couple more control over all aspects of divorce. The divorce mediator simply facilitates the meetings to allow the couple to make mutually beneficial decisions.

Schedule a Consultation with a New York Divorce Mediator Today            

Thinking about resorting to mediation? Let an experienced New York Divorce Mediator further explain to you the benefits of mediation. Contact Sabra Law Group today at (646) 472-7971.


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