Pros and Cons of Hiring a Divorce Mediator in NY

Going through a divorce can be tough and emotionally draining, especially if you and your ex are having difficulty in negotiating your settlement. Mediation is a sensible option if you want the process to be less stressful. In fact, hiring a divorce mediator in NY can be a good way to negotiate a divorce settlement because it lets you and your ex-partner use a neutral third-party to help resolve and discuss any issues involving the dissolution of your union. However, keep in mind that the mediator is not someone who will make decisions for you. Instead, this person is a facilitator who can help you and your ex determine the best course of action to reach an appropriate settlement.

Knowing the pros and cons of hiring a divorce mediator in NY can help you understand whether the service will make sense for you. Here are some things to consider:

The Benefits of Hiring a Divorce Mediator in NY

Mediation should work for almost every couple. It is substantially less expensive compared to a litigious process in which multiple lawyers are involved in numerous court filings, numerous court appearances, numerous calls and numerous meetings.

Litigation typically stretches on for years whereas mediation typically involves 3 to 4 hours of meeting time with the issuance of a judgment of divorce within months of the signed agreement.

A mediated settlement agreement covers the exact same issues a litigated settlement agreement or stipulation. When a divorce mediation attorney is used as the divorce mediator parties will also receive the same information that they would receive from an attorney in a litigated process with the only difference being that the divorce mediation attorney is acting as a neutral party and not advocating for only one of the parties.

A divorce mediator is also sworn to secrecy, so you do not have to worry about public records of your sessions with are strictly confidential.

Mediation also allows couples to directly communicate with each other in order to reach resolutions that are fair to both parties and also takes into consideration the bests interests of their children, when applicable, in contrast to a litigious process that that forces parties to communicate through third-party attorneys and often requires them to accept outcomes that are not agreeable to either party, but imposed on the parties by the court based on impersonal and rigid legal principles.

With a divorce mediator in NY, you and your ex will have more control over the divorce process and your post-divorce situation. You can still have a lawyer for legal advice, and if your ex has a lawyer, the mediator may serve as a bridge for communication to avoid further conflicts.

Any Disadvantages?

Divorce mediation is almost always the best place to start and mediation is almost always successful.

Only in instances where domestic violence is present in the relationship may it be advisable to seek assistance from independent counsel.

Also, a divorce mediator in NY cannot order you or your ex to do anything, and this may be favorable to a party who wishes to stall the divorcing process.  But even in such instances mediators can typically provide some solutions to assist and move the process forward in an amicable, affordable, and efficient manner.

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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