The Difference Between Litigation and Divorce Mediation in New York
Is divorce mediation in New York right for your family? It may be if you like the idea of ending your marriage in a less contentious manner.
Most people equate divorce with litigation. They envision themselves in a courtroom with a lawyer by their side and another lawyer beside their spouse each arguing and presenting their case before a judge, discussing some of the most intimate details of their lives, but it doesn't have to be that way.
While there are some instances in which it is appropriate to litigate a divorce, the majority of marriage dissolutions can be accomplished with less time and money and far less acrimony by engaging in mediation.
Rather than having a judge make decisions, which can make litigation unpredictable, mediation involves a neutral third party. It is the responsibility of the mediator to help the parties to arrive at mutually agreeable decisions with regard to child custody, support and many of the other components that factor into a divorce.
Whereas litigation creates an adversarial atmosphere, mediation tends to be a more amicable and less stressful process. Mediation also is the more economical choice, frequently costing thousands of dollars less so that the divorcing couple is left with greater financial stability.
Participants in mediation further may appreciate that the proceedings take place in the office of the mediator and are completely confidential. While court proceedings are a part of the public record, this is not the case with mediation. This process allows the parties to keep their private matters private, and many people prefer this.
Mediation also is a valuable tool for divorce because it puts the decision-making in the hands of the parties. This is especially critical when it comes to making choices for the couple's children. In the courtroom, the judge along with custody evaluators and experts may all weigh in on what's best for the children. Mediation preserves this power in the hands of the people who truly know what's best: The parents.
It's also worth considering that mediation typically takes far less time than litigation. Generally, this is better for the parents and the children both emotionally and physically. Going to court is stressful, time-consuming and expensive. Several months or years may be required to litigate all aspects of the divorce, but mediation can be accomplished in weeks or a few months.
If you want to learn more about divorce mediation in New York, contact Sabra Law Group at 646-472-7971. Thanks to their mediation experience, they may be able to help you save time, money and distress. And if you want to access our free online Jumpstart Guide to Divorce, then grab it here.
