The Benefits of Mediation and the Type of Couples Best Suited for It

Taking a divorce to the courtroom is stressful, complicated, and time-consuming for all parties. However, going the litigation route may not be required in some cases. Research shows that only around 5% of divorces go to trial.

Many couples are now using a mediator to reach a mutually acceptable settlement. The Law Offices of Ian S. Mednick, a legal provider of divorce mediation services in Long Island, discusses the benefits of this court alternative and the types of couples best suited for it.

How Does Mediation Work in Divorce?

Mediation is a form of alternative dispute resolution (ADR) used in the New York State (NYS) Unified Court System. It’s a way of resolving cases like divorce or separation without a trial. Instead of going through the traditional court proceedings, a divorcing couple could enlist the help of a mediator to reach an agreement that’s acceptable to both parties.

A mediator can be a divorce lawyer or a certified mediator. However, while hiring an attorney to mediate isn’t required, it’s still a good idea for both parties to have a consulting lawyer who can prepare them for and guide them through the proceedings.

Typically, the couple and the mediator meet in a series of mediation sessions. Once an agreement has been reached on all issues, such as property division and custody, the mediator makes a draft for review by each party and their lawyers.

What Are the Benefits of Divorce Mediation?

Many couples consider divorce mediation because they find it more beneficial than litigation. Here are some advantages of mediation:

• Saves Time: In some cases, divorcing through mediation is faster than litigation. With the latter, the time it takes to finalize a divorce depends on the timetable of the court and the lawyers. With mediation, it’s up to the divorcing parties to determine how long the process lasts. With the help of their attorneys, they can agree on temporary arrangements for matters such as custody and try them out first before making a permanent decision. This approach can speed up the process significantly

 

• More Control: A Judge makes the final decision in typical divorce proceedings. It is never a good idea to let someone who knows very little about your family make the most important decision in your life. But in divorce mediation, the couple has more control over the process. With the help of the mediator, there’s more opportunity to discuss what really matters to both parties instead of what is imposed by the court.

• More Private: There’s more privacy in mediating divorce than going to court. No other person will know the details of the divorce other than the mediator and the lawyers, if any are involved. Meanwhile, taking a divorce to court often results in private information becoming public record.

• Reduced Family Impact: According to Psychology Today, litigating a divorce is likely to have a more significant emotional impact on children. In some cases, children may have to appear in court. But in divorce mediation, issues on custody and visitation can be agreed upon peacefully.

Which Types of Couples Should Consider Divorce Mediation?

Although divorce mediation can provide certain advantages, it may not always work for everyone. If the case involves a history of domestic violence, drug/alcohol abuse, or child neglect/abuse, mediating divorce may not be appropriate.

However, divorce mediation might be a good fit for couples who:

• Are still on good speaking terms
• Mutually agreed to end the marriage
• Both don’t feel they have been betrayed or treated unfairly
• Agree on the majority of terms relating to custody, support, and assets
• Are willing to work together and compromise when necessary

Every divorce is different, and some end up in court while others can be settled peacefully through mediation. Regardless of the option that you feel is best for you, it’s advisable to consult an attorney who can discuss your choices with you in detail.

Backed by years of experience, The Law Offices of Ian S. Mednick, P.C. is highly qualified to provide representation and mediation services in all aspects of divorce. To learn more about your options for divorce mediation in Long Island, don’t hesitate to get in touch for a free consultation.