Dealing with the end of a marriage can be immensely overwhelming and complicated, and with complication comes stress and confusion. Couples who have decided to part ways are not always capable of doing it in an amicable manner. Friends and family may choose sides, adding to feelings of resentment, which can make the litigation process more contentious and difficult to resolve.
Mediation offers parties an opportunity to bypass the unavoidable contentiousness of the litigation process and to work toward a resolution in a more peaceful, amicable forum. In a divorce, decisions need to be made such as:
- How will marital assets be divided?
- How will custody of the children be resolved?
- Is spousal support called for and if so for how long and how much ?
- How to determine the amount of child support (base support and addons or extra expenses)?
What Is Mediation?
Mediation is a form of consensual dispute resolution. It is a voluntary process that provides parties a private and calm environment in which to settle their differences. Through the use of a neutral third-party mediator, trained to handle high conflict situations, couples are often able to make mutually agreed informed decisions.
We recommend that parties going through the mediation process have consulting attorneys throughout the process, who represent their individual interests. Depending different factors, including the level of conflict and the need for advice and support, your consulting attorneys may or may not be present during the meetings. Throughout the mediation process, your consulting attorneys will answer questions about the law and advise you so that you may better understand your options and assist you in evaluating and proposing terms.
Advantages to a Mediated Divorce
- Control. In Court a Judge would have final say over what happens in your divorce. That gives total control over the outcome to a stranger who doesn’t know you, your spouse, your children, OR what is important to you. Mediation places the decisions back into the hands of you and your spouse. You both have total control over how your marriage will end.
- Efficiency. Mediation allows you the opportunity to move at your own pace, taking into consideration the schedules of your attorneys and the mediator. In most instances the mediation process will allow you to reach a resolution far faster than if your matter was in Court.
- Privacy. Whether or not you are a high-profile couple, no one wants his or her private family matters made public. The Courts are open to the public, which means litigated matters are far from private affairs. Mediation provides confidentiality.
- More cost-effective. When the mediation process works, one advantage is that you will not be required to litigate your case. Lengthy and costly trial preparation is not always avoidable, but for those who are able to bypass that process, divorce can be a far less expensive.
When both parties are engaged and committed, mediation can enable parties to reach a resolution of their divorce in an amicable fashion. When children are involved this is especially important, as the parties will need to continue working together as co-parents long after the process ends.
The matrimonial and divorce law firm of Berkman Bottger Newman & Schein LLP uses our vast legal experience to help our clients make decisions in mediations. We act as mediators and consulting attorneys. Serving clients throughout the greater New York City area with offices in Manhattan, White Plains, and Bergen County, New Jersey. To schedule a consultation, call (212) 466-6015 or reach out to us through our contact form today.