Certain states have begun to require couples and families to attend mediation sessions before resorting to litigation. Mediation can be beneficial in divorce cases and child custody disputes. Speak with a Suffolk County family law attorney to discuss your options for dispute resolution.
What is Mediation?
Mediation is a dispute resolution technique that can be used to solve issues in a multitude of subjects and capacities. During mediation, a couple will meet with a neutral third party, the mediator. The mediator should have no biases or opinions on the people involved or their situation.
Take a divorce case for instance. During mediation, only people with the power to make decisions and solve problems are the couple. The mediator is present to keep the peace, guide the conversation, and ensure everyone’s voices are heard. There should be a list of topics to address and work out. With the mediator helping the couple navigate their negotiations issues can be solved in a calm and time-efficient manner.
Is Mediation Required in New York?
Depending on the situation, couples or families may be required to go through mediation before heading to court in a divorce or family law case. In recent years, New York has begun to implement “presumptive ADR.” Presumptive ADR (alternate dispute resolution) is a program that aims to resolve certain disputes through the use of a mediator to avoid costly litigation and reduce the number of pending cases and trials.
All divorce cases (with the exception of ones pertaining to domestic violence or other extenuating circumstances) are now automatically referred to a neutral divorce mediator. There is significant value in mediation and utilizing this resolution technique can prove beneficial for everyone involved.
How Can Mediation Help in a Family Law Case?
Mediation has proven to be useful in a variety of situations. Whether it is a divorce case or a child custody situation, starting with mediation can help a family work through their issues without the hassle of litigation.
When a case goes to court a judge is given the authority to make rulings and decisions regarding your situation. You are essentially forfeiting your right to create a flexible and tailored agreement based on the specific needs of your relationship or family.
For example, in a divorce, several topics need to be addressed, like property division and alimony. A judge may simply calculate the percentage of assets that each spouse is entitled to and divide the property at random. However, this process would not account for items with a significant historical value or property that means a great deal to one spouse but not the other.
During a child custody dispute, the judge may rule on 50/50 custody which sounds ideal but could be unmanageable for your situation. You and your ex may be willing to have a nontraditional custody arrangement that works perfectly for your schedule, but you will never know if you do not work together to discuss these things. During mediation, you and your spouse can create a unique agreement that works best for you. Only you know the history of your belongings and the details of your schedule. Allowing a stranger to make these decisions could result in an unsatisfactory outcome.
