The Benefits of Using Divorce Mediation over the Usual Approach to Divorce

An imminent divorce can be a daunting prospect for many couples, especially when thinking about having to appear before a judge in courtroom. This is why many people choose mediation, which is a more comforting substitute. Divorce mediation is the process by which a third-party mediator will guide parties in their negotiations and discussions about all issues relating to their divorce and then subsequently file the parties’ agreement and all other required documentation with the court. Like a litigated divorce, a mediated divorce results in the issuance of a Judgment of Divorce by the court.

Familiarity with different alternative dispute resolutions is an important thing to consider when finding a mediating lawyer to help you with your divorce situation. It is also important to understand that a mediator is not a judge who will make any decisions pertaining to the divorce. Their role is to assist you and your spouse in reaching an amicable agreement that is mutually satisfying and you and your spouse retain all rights to make any and every decision.

Another benefit of using a mediator is that unlike a traditional judge, a mediator can create a personalized, unique and customized agreement that deviates from courthouse norms.  An agreement will always address the specific circumstances of the couple in any way that the couple deems appropriate. Mediators always listen to each spouse’s opinions and concerns, simplify the process and create agreements that are satisfactory to both parties.

Mediation can also have a positive impact on the couple’s children. Mediation promotes peaceful resolution which results in a more peaceful home situation. It is beneficial for children to see both parents cooperating in the process, despite any disagreements they may have. This kind of cooperation also often leads to better co-parenting plans, which enables both parents to more actively participate in their children’s interests and well-being.

Mediation is also a much more cost-effective option than the traditional courtroom approach.  Mediation is a lot quicker and only requires retaining one neutral mediator rather than two adversarial attorneys who waste a lot of time on calls and in court.

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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