How Mediation Can Help Resolve Your Divorce
Mediation is a way for spouses to resolve their divorce outside the courtroom in a private, neutral, non-adversarial process. Families can benefit from choosing mediation instead of litigation in several different ways. Sometime people focus on the fact that mediation tends to be less expensive than litigation but that is not its primary advantage (even though it is true) Mediation usually results in a tailored outcome and a far less contentious divorce. Spouses may be able to work out some of their differences and focus on the issues that are most important to them, such as their children, rather than getting fortified in longstanding arguments and negativity.
During the mediation process, spouses meet with a neutral third-party mediator, who is often an experienced New York divorce attorney. The role of the mediator is not to act as either spouse’s attorney. Rather, the mediator’s role is to facilitate discussion between the spouses about the issues that they need to resolve in their divorce. Each spouse is free to work with his or her own attorney during the mediation process, as well, to address their concerns and answer questions about their rights.
In contrast with divorce litigation, in which both spouses are trying to “win” on every issue through constant court battles, mediation focuses on discussing and eliminating tensions between the spouses so that they can work toward a resolution of all outstanding issues without their emotions overshadowing the situation. The overall goal of mediation is to help spouses work out some of their differences of opinion and develop a fair divorce settlement agreement that is acceptable to both spouses.
Mediation also allows each spouse to maintain at lease some level of control over the results of their divorce. If spouses choose to leave issues to a divorce judge to resolve, the outcome will likely not be what either spouse wanted. Mediation permits spouses to both have input into the final divorce settlement. It is usually far better for a spouse to choose an outcome rather than being stuck with whatever outcome that a judge has chosen. This is particularly the case when a couple has children together. In many cases, mediation helps parents work together to make the best decisions for their children.
The Miller Law Group know how to handle the different issues that a divorce case can involve during mediation, regardless of their complexity. We understand how emotional and difficult these types of cases can be and will be at your side throughout every step of the divorce mediation process. Contact our offices today to schedule a consultation with one of our Westchester County divorce lawyers and learn how we can help you with your case.