Creating an Agreement for Legal Separation in New York through a Mediation

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A New York divorce mediator uses facilitative techniques to get spouses to a consensus regarding their divorce.  These issues may include how to divide property, who will retain the marital residence, how children will be parented and how financial issues will be handled.  During this process, a mediator may help the parties reach a formal agreement regarding legal separation in New York.  The agreement forms the basis for a court to order a legal separation in New York.

During mediation, the parties communicate about what they would each like to get out of the process.  They may have a number of difficult decisions to make and may not have the best record of communicating well with each other.  By going through mediation, the parties may be able to get a better outcome than they would have through litigation.  The process is often much easier on their children because the parties learn to work together rather than serve as adversaries.  While they may not get everything that they wanted, they are often able to come to an agreement that they are both satisfied with and that provides a better resolution than a court would have provided.

The agreement that the parties reach is treated as a contract and can be enforced in court if necessary.  Even if the agreement is one which the court would not come up with, it still treats the agreement in a serious fashion and is enforceable except in rare circumstances such as if the agreement is egregiously disproportionate.  The mediator represents the legal interests of neither party and is only interested in seeking a fair solution to the case.

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