FAQ for Long Island Divorce Mediation Center, Inc.
What is Divorce Mediation?
Divorce Mediation is an alternative dispute resolution process in which a couple utilizing a third party mediator privately resolves matrimonial issues including: custody, visitation, equitable distribution of marital property and debts. The settlement agreement is incorporated into a written agreement and all documents required for the divorce to be processed by the Supreme Court are drafted by the attorney mediator and submitted to the Court.
How is Divorce Mediation different from litigating a Divorce?
Divorce Mediation is a voluntary process that can save a couple thousands of dollars in legal fees and many months and in some cases years of time in resolving their divorce. Unlike litigation, mediation is very flexible and informal process which can be adapted to meet the needs of the individuals involved in the dispute with precisely tailored and innovative solutions developed by the clients rather than imposed upon them by a Court. Accordingly, because the couple develops and agrees to their own agreement, post judgment divorce compliance to the terms of the settlement agreement (i.e. payment of child support) is often superior to court decisions imposed on clients.
How much will Divorce Mediation Cost?
Generally, divorce mediation is the least expensive process to resolve a divorce dispute. Long Island Divorce Mediation Center, Inc. offers customized payment plans which provides couples with the opportunity to save money if they work effectively and efficiently together with the attorney mediator during the mediation.
Who is involved in the Divorce Mediation process?
Generally, mediation is a private meeting involving the parties and the attorney mediator and possibly the parties attorneys. Witnesses may also be involved. Psychologists, social workers may also be involved in the mediation to assist the parties and the mediator in resolving issues arising within the mediation.
How are business interests, pensions, real estate values handled within a divorce mediation?
Within the mediation, couples can retain third party professionals to assist them in the valuation of business interests, pensions, real estate and other marital assets. The attorney mediator can assist by offering couples names of experienced professionals to assist in the asset valuation process.
Are their advantages to retaining an attorney-mediator in divorce mediation?
An attorney mediator as a neutral scribe offers the advantage of being able to draft the legal documents including a couples settlement agreement and submit those documents to the Court for the processing of a Judgment of Divorce. Although a non-attorney mediator may be very competent and effective, he or she may not draft legal agreements and accordingly a couple would have to have their mediated agreement brought to an attorney to draft a formal Stipulation of Settlement and other legal documents required to obtain a Judgment of Divorce. This can add additional cost and time expenditure by a couple that could be saved if an attorney mediator was retained to assist the couple.
How much time will a couple spend in Divorce Mediation?
The amount of time a divorce mediation will take, like all issues arising in divorce mediation, depends upon the individuals participating in the mediation. The more efficiently a couple can work together with the mediator in resolving issues needed to resolve their divorce the faster the process is concluded. Many couples can conclude the mediation process after spending six to eight hours working with an attorney mediator.
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- Academy Of Professional Family Mediators
- New York State Council On Divorce Mediation