Divorce is challenging and difficult experience on a number of fronts. The frustrations associated with the traditional divorce process are often times further exacerbated when one or both spouses choose to litigate the separation in the courtroom. Beyond costly fees, lengthy litigation, and limited input, choosing to litigate your divorce in the courtroom often times results in a judge ordered decision that neither parties envisioned. Mediation, however, puts the divorce process in your hands and reflects what you and your spouse have determined is the best for you and your family moving forward.
Divorce mediation is a smart and effective alternative to the traditional courtroom divorce. Divorce mediation is a process where separating spouses work with an impartial third party whose goal is to navigate the spouses through the issues of the divorce, ultimately arriving at a mutually acceptable agreement called a “Separation Agreement” or “Settlement Agreement.” During the mediation process, the parties make all decisions about how to resolve the issues. The mediator merely acts as a guide, helping the parties negotiate in a healthy, productive, and effective manner. If you are interested in the mediation process, contact Leslye M. Schlesinger for a consultation.
Mediation is non-adversarial
The mediator does not act as the attorney for either party. The primary role of the mediator is to inform the parties about the relevant law on each issue so that decisions made are well informed and within the parameters of the law. Following a successful mediation, the mediator will develop a written divorce Settlement Agreement or Separation Agreement comprised of the parties agreed upon determinations.
Mediation saves time and money
Mediation is far more cost effective and time efficient than a traditional courtroom divorce. When litigated the cost can grow astronomically. The process of financial discovery can be time-consuming and attorneys will bill the clients for the time. Through successful mediation, a couple’s issues can be resolved within a few meetings and this settlement can be achieved within a few months. A litigated divorce can take up to a year or more to resolve through the court system. Mediation saves you from emotional stress from a prolonged litigation process and potentially invasive courtroom experience.
Mediation is confidential
Mediation is a private process, unlike the traditional courtroom divorce. The information shared during the course of mediation is shared between the parties to divorce and the mediator. Should the parties later to choose to litigate their divorce in a courtroom, no statement made by a party during the course of mediation can be used against that party in court.
Mediation helps clients retain control
When a couple decides to engage in mediation, their future is in their hands. When a divorce is litigated, a judge decides on contested issues. Couples are often unhappy with the results because the court decides on matters in an equitable fashion and that does not always meet the expectations of the parties involved. When a couple can come together to agree to terms for themselves, they are often happier with the conclusion.
Mediation is voluntary
When a couple decides to engage in the process of mediation, they are more open to resolving issues in a timely and effective manner. When a couple cannot agree to terms and find themselves in court, they are more likely to fight contested issues till the bitter end. Mediation is focused on a common goal of ending the marriage as quickly as possible and in a time and cost-effective manner. In rare cases, if the couple cannot come to an agreement, they are not bound to the mediation process and can litigate those contested issues in court.
Contact a Rockland County Mediator
Leslye M. Schlesinger has been a legal resource for the people of Rockland County for over 30 years. Her law practice helps couples who wish to avoid court and end their marriage in the most effective way possible. Through her established Collaborative Divorce and Mediation practice, she guides couples through their legal options and eases them towards an amicable conclusion. If you need compassionate and effective legal services, contact Leslye M. Schlesinger today.