Common Myths about Divorce Mediation in New York

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Divorce mediation in New York is a non-adversarial process that puts the parties in the driver’s seat.  It focuses on addressing the mutual interests of the parties and resolving a divorce more quickly than would be possible by arguing through each issue.  To understand the true nature of divorce mediation in New York, it is necessary to dispel myths surrounding this process.

I Don’t Have to Prepare for Mediation

Whether a spouse litigates or mediates his or her divorce, he or she must still gather information and consider important decisions.  Additionally, it is important to be well prepared in order to convince the other side of the strength of your side.

The Mediator Determines What Is Fair

Some people mistake mediation for arbitration or litigation in which a decision maker imposes his or her ruling.  However, in mediation, the parties get to decide what to do about their divorce case.  The mediator only guides them toward settlement but is not ultimately responsible for assessing the fairness of a proposal.

I Will Have to Give Up More in Mediation

While mediation results in some type of settlement in most cases, these settlements are often better than the result would have been if the case had been litigated in front of a judge.  Divorce courts have standard orders that they issue while mediation allows the parties to create a new contract around their own agreement.  This allows for greater creativity and flexibility.  Additionally, the parties are often able to emerge from mediation with better communication skills so that they are able to avoid problems in the future.

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