Is Divorce Mediation Right for You?
Our Long Island Family & Divorce Attorneys Are Ready to Help You
When considering a divorce, it is important to closely evaluate your current situation, the related family law issues involved, and your personal goals. With these points in mind, you can begin to explore different methods for finalizing a divorce. Mediation, for example, can be a potential option – one of several – that you can review with the help of an experienced and attentive Long Island divorce attorney from Wisselman & Associates.
Whether or not divorce mediation is right for you will depend on a number of factors – all of which are unique to your case. Mediation is not always right for everyone and in some cases may not be an option. Generally, certain conditions are necessary for a successful divorce mediation process:
- Both parties should be willing to make a commitment to give their full efforts to negotiate out of court with a mediator. The sole mediator is impartial and helps both parties work out their differences, including helping them see the bigger picture and the benefits of avoiding litigation. Parties that choose mediation do not have to agree on everything - a common myth about mediation. However, you should be willing to compromise and negotiate amicably.
- In our office, the mediator is a knowledgeable attorney, with a minimum of 20 years' experience in matrimonial and family law. This is extremely valuable because after the parties reach an agreement, the mediator can also draft the legal settlement agreement and finalize the divorce as well. You do not have to go to another attorney to draw up the agreement.
- For mediation to be successful, parties must be able to freely express and communicate their needs and expectations. Regrettably, in some cases this is not possible and alternatives to mediation must be pursued. These include cases where there is abuse, domestic violence, mental illness, drug and alcohol issues, hidden assets or income, or paternity issues. It is also a challenge to settle a case when one party has completely unrealistic demands, or a vindictive streak that gets in the way of negotiations.
When mediation is not possible, alternative dispute resolution (ADR) is another viable option, where the goal of the parties is to reach a divorce settlement with the assistance of attorneys, and making all attempts to avoid time consuming and costly litigation in court. Collaborative law is another option similar to mediation in which spouses arrive at out of court agreements through negotiations handled by two separate divorce lawyers.
Request a Free Consultation with Our Divorce Attorneys in Long Island
Determining whether or not divorce mediation is right for you should be a decision you reach with the help of a trained and knowledgeable lawyer. At Wisselman & Associates, we know that these can be stressful and overwhelming times, and we make it a point to work personally with our clients to help them explore all available options and alternatives. We want clients to have a positive experience and helping them find the right method for finalizing a divorce is a crucial part of achieving this objective.