Know the Difference between Divorce Mediation & Litigation for Divorce or Legal Separation

Difference Between Divorce Mediation & Litigation

Couples heading for a break-up choose either divorce mediation or litigation in order to obtain a divorce or legal separation. While the ends are actually the same, the process is very different. Divorce mediation consists of action taken by parties in mutually beneficial mediated sessions. While the decision to divorce or separate is the same in mediation and litigation, the path to divorce or legal separation is much smoother in mediation, paving the way for the couples to move ahead in a more positive direction in life. Litigation is typically acrimonious and wears out the patience of both parties who will have to deal with the added burden and stress that goes along with making court appearances in an adversarial setting. Learning more about divorce mediation in New York is the most intelligent first choice that a person seeking a legal separation or divorce in New York can make. A divorce mediator will be able to further explain all the advantages of mediation over litigation.

Mutually accepted counselor for mediation

Divorce mediation is all about the choice of the couple to choose a less acrimonious route to divorce or separation. With divorce mediation in NYC, couples are also electing a process that is best for the welfare of their children.  Mediators assist couples in charting a path to divorce or separation with cooperation and mutual respect.  The agreements that the couples arrive at are memorialized in writing and filed with the court for official approval and recording. Legal separation and divorce both involve the formal documenting of the parties’ rights and responsibilities to each other.  In divorce parties will also receive a judgment and orders from the court.

Negotiation and disagreement between couples

In mediation, a mutually agreed upon mediator will guide couples in making a smooth transition into separated lives. Divorce mediation resolves all divorce-related issues like property distribution, parenting time, child custody, taxes, alimony, and child support.   In litigation, the procedures for divorce or legal separation are framed strictly by law in a rigid process with no possibility for ease and simplicity. Communication by the parties is restricted by high paid and confrontational attorneys who become deciding authorities in all negotiations regarding property distribution, visitation, custody, child support, alimony, and taxes.  Issues are presented to the court in the form of legal arguments in an archaic process in which neither party ever “wins” and both parties always “lose.”

In addition to being amicable and affordable, mediation also has the added benefit of confidentiality and privacy. All communications are kept between the parties and all participants, including the mediator, sign a confidentiality agreement stating that everything discussed in the mediated sessions is to be kept strictly confidential.  Also, no third-party, not even the mediator, will have access to the court records. The only persons with access to the filed papers are the divorcing parties.

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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