Divorce Mediation – How it Works
Divorce mediation in New York can be an extremely affordable way to resolve your marital problems. Many couples who first try mediation as a means of ending their marital relationship find themselves better off after the first session. However, this is not true for every couple. If you are experiencing financial difficulties and/or do not feel you will be able to make a fair and effective settlement with your spouse through the use of mediation, then a New York City divorce mediation may not be right for you.
The cost of divorce mediation varies greatly depending on the service provider, type of mediation offered, and what types of issues are being discussed. The most basic fee that a New York divorce mediator charges his or her clients is about $400. This fee is typically broken down into two parts: the actual mediation process and the legal costs associated with the case. Typically, this type of mediation is used by people who do not feel they can come to an agreement with their spouse on their own, but would rather retain the help of a professional mediator to do it for them. Even though there are other ways a couple can resolve their differences outside of the court system, the mediation process is still widely used because it is cost effective, allows both parties to come together to communicate and decide, and provides a chance for both parties to get their own representatives to the bargaining table.
There are some advantages and disadvantages to using New York divorce mediation vs lawyers. One advantage is that you have a knowledgeable professional who is experienced in the legal system representing both you and your spouse. With experience, your lawyer will know which tactics to use, when to use them, and how to approach the problem in the best way possible. A divorce mediation process takes a limited amount of time, usually less than four hours, so you can spend time with your spouse without having to hire another lawyer and wasting money.
However, a disadvantage is that you are not under the supervision of a judge or jury. In divorce mediation, both you and your spouse meet with the divorce mediator and discuss your marital problems. Unless you are a skilled expert in family law, you may find that you have more difficult conversations than you would if you were in front of a judge. In addition to this, a mediator is not an expert in complex law. He or she cannot provide you with the specific information that a judge would be able to give you based on your experience.
Another disadvantage is that you cannot choose your mediator. If you do not have a good relationship with your spouse, they might choose someone they do not like. For example, a disgruntled ex-spouse may choose to use a collaborative divorce mediator. This means that your spouse’s goal is to be agreeable and to get a reasonable solution to the marriage problem. If you choose a collaborative divorce mediation process, you will likely agree to a settlement on a faster time frame than you would if you had gone to court. In some cases, spouses even come to a agreement outside of the court system, through a collaborative divorce mediation process.
The advantages of using divorce mediation to reach a settlement are that you have a professional who is experienced in family law litigation, as well as all of the other information that you need. Your attorney will be there for your needs, and will try to get the most favorable outcome for you. Divorce mediation can also save you a lot of money when compared to going to court. There is no need to hire another attorney for the case, and if you decide to proceed with litigation, you will need to retain a lawyer. Furthermore, there is no need to deal with the lengthy discovery process, which can take months.
It may also help you avoid additional fees from your attorney and/or the court, by settling the case yourself. The reason is that mediation will help you avoid any court fees because it will be an administrative proceeding. As long as the terms of the arrangement work to your advantage, you should not pay any court fees. However, it is always important to consult with an attorney if the terms of the arrangement do not work in your favor.
Divorce Mediation can be very beneficial for many couples. If you decide to use a professional divorce mediator, you may be able to get the assistance of experienced professionals, including family law attorneys. If you choose a traditional divorce litigation process, your lawyer will need to spend a lot of time in courtrooms, making court appearances, preparing your case, and so forth. The high cost of traditional divorce litigation is often why people prefer to use a mediation process instead.