• 03
  • February
    2012

Would you prefer a less formal setting for your divorce settlement? New York residents understand that the separation process can be emotionally exhausting. If you desire a more private process for the dissolution of your marriage, you may want to consider mediation. However, first, there are a few things you should know about this collaborative law approach.

According to a recent article, divorce mediation is for people who cannot resolve differences on their own. It assists people with settling matters in a sensible way. There is little involvement with the legal system. In fact, the process is not in court. Even so, mediation is still a structured process that minimizes the heated environment that is present during divorce settlement conversations.

Mediation uses an unbiased third party, the mediator, to help the disputants reach a compromise. The article emphasizes that mediators are not judges or arbitrators. They do not make decisions or rulings. Instead, parties reach their own resolutions. The mediator's role is to assist with communication.

Unfortunately, mediation does not always work in the very early stages of a separation. This is because parties tend to be argumentative and impractical in the beginning. However, separating couples should consider mediation when the parties are ready for a rational conversation.

Mediation is generally an informal process; however, most settlements involve one or two attorneys. The lawyers can assist parties through the mediation. Also, one attorney must be retained so that the final agreement can be processed in court.

The collaborative law approach is not for all separating couples. Nevertheless, it definitely reduces the time and money spent in a traditional court-based divorce. If you are interested in exploring mediation for your settlement issues, you may want to speak to an attorney. He or she can inform you about the process.

Source: Huffington Post, "What most people don't know about divorce mediation," J. Richard Kulerski and Kari Cornelison, Jan. 24, 2012