What is Divorce Mediation?

Father with Kids

Mediation is a means of resolving the legal issues that have arisen in your family without engaging in litigation through the court system. After you have made a determination that a legal issue has arisen in your family or that you wish to be divorced or separated, (and after you have made the decision not to waste your hard-earned money on litigation), you can hire a mediator who will assist you. All of our mediators are attorneys with extensive experience in the divorce and family law fields.

During the mediation process, both parties express their concerns and preferences in a professional and non-adversarial environment. The mediator will inform and work with both parties to design a resolution that works best for your family and create an atmosphere that is conducive to resolution. Each and every legal issue that your family faces will be discussed and can be resolved during the mediation process.

The mediator will help you identify what issues need to be discussed and resolved, and will then assist you in gathering relevant, and useful information, so that informed decisions can be made about your family, finances, and future. When necessary, outside professionals can be engaged and consulted with in order to assist in making informed and productive decisions for your financial and emotional well- being. Such professionals may include real estate appraisers, business appraisers, vocational experts, therapists, financial planners and the like. (Such professionals are not always necessary in mediation. However, the mediator will indicate when and if such a professional might be appropriate or helpful in resolving certain issues. Ultimately, the parties make the decision whether or not to engage such a professional.)

In a successful mediation, the parties will settle all issues affecting their family. What is ironic is that although most cases in the Court system settle eventually, (and the rest are decided by Court order), this typically comes only after a significant portion of money is wasted on the “legal battle” and often ends in a resolution that both parties are unhappy with.

A mediator will help you to move right to the settlement phase of your case BEFORE you waste your time and money litigating in court. Any settlement agreement reached through mediation is just as enforceable – and resolves the very same issues – as one that is reached during litigation through the court system. The only difference is that reaching an agreement via mediation minimizes expense, time, and the stress and hostility experienced through litigation.

In a successful mediation, no issue will remain unresolved. The parties will be able to move forward knowing that they fashioned an informed agreement that works best for them and their family. Many parties who receive a decision from a judge often feel unhappy with that decision and continue to litigate for years to come. Being a part of the mediation process, and reaching an informed and voluntary agreement, with the aid of a neutral mediator, often results in a more peaceful future – one without repeated litigation and disagreements – because the parties reached the agreement together.

Our mediators will be happy to help you determine the best option for your family during this difficult time. Contact us now at (631) 419-6111 or contact us online for a Free Consultation.