Common Misunderstanding About Divorce Mediation In New York

Misunderstanding About Divorce Mediation In New York

With a large number of couples choosing splitsville, the need for divorce mediation is all the more important.  Successful mediation helps to iron out differences over many aspects of the divorce, without having to resolve the same in courts. Regardless of the reasons for divorce, amicable settlements are a civilized way of settling issues. However, the use of mediators in divorce cases need to be considered without the common misconceptions associated. Here are a few misconceptions that need to be dispelled before looking for divorce mediation in NY.

Mediation process is not admissible evidence in court

Many couples get into mediation with the preconceived notion that they stand a chance of securing crucial evidence from their spouses during mediation. This is borne by their idea that lowered guards during mediation will help to unlock evidence which can be used against the spouses. Unfortunately, such a provision does not exist. Mediation processes, discussions, notes etc are confidential in nature and are not admissible in court as evidence.

Mediation is not about taking impulsive and emotional decisions

The circumstances and the situation may sometimes lead one of the parties in the mediation to take decisions based on impulsive or emotional decisions. A mediation does not demand the settlement of all issues. It is a platform where estranged couples meet away from the eyes of the courthouse to thrash out differences. Proposals, counter proposals, timelines are all part of the mediation process. It is best to not get overwhelmed and jump to conclusions. The safest way to agree to any proposal regarding which one is unsure, would be tag it as tentative, seeking time for a review by another individual outside the mediation process. This insulates the party from a probable bad decision.

Not all mediators are lawyers; choose a mediator who practices law

Couples often get the wrong idea that all divorce mediators are lawyers. Far from it, many of the mediators would never have an idea of what is a legally enforceable mediation or settlement. It is best to choose the divorce mediators in New York who practices law. That way it is possible to be sure that the settlement will stand up to judicial scrutiny in the courts of New York.

About David

David Escoffery is the Attorney Mediator at NY Divorce Mediation. He assists in resolving all divorce-related issues, including Equitable distribution of marital assets & liabilities, Child custody & child support, Visitation, Maintenance / Alimony, Federal & State Taxes, Business Interests, Estate Planning, Retirement Accounts / QDROs.

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