Sometimes, couples going through a divorce will look into alternative methods to the process that exists outside of court. While it is not possible for all couples, it can be very beneficial for spouses who are able to reach agreements about their marital issues without a trial. There are several alternative methods to divorce, one of which is mediation.
Mediation gives spouses the opportunity to get together on their own terms to negotiate the terms of their divorce. This process is done with the help of an unbiased mediator instead of a judge. It allows couples to figure out any marital issues that are unaddressed. The mediator’s role is to remain unbiased and listen to both spouses in order to help them reach decisions that are best for them and their family. Conversations in mediation cover marital issues such as child custody, child support, the division of assets, and alimony.
Benefits of Mediation
There are many benefits to using divorce mediation instead of a trial. When a couple discusses their issues in mediation, they usually feel better about settling agreements on their own terms instead of a judge making decisions for them. Benefits of mediation may include:
- Control: Mediation lets spouses have control over the decisions they make regarding their divorce. With a divorce through trial, a judge makes all decisions about their marital issues. Mediation allows spouses to make these decisions.
- Confidentiality: Mediation is confidential. Neither spouse or the third party may share any information shared in mediation or use it against one another. This rule allows spouses to be open and honest with one another throughout the process.
- Speed: Mediation is usually quicker than other divorce methods. This may depend on the couple and how many issues there are to be resolved.
- Cost: Unlike divorcing through litigation, mediation is cost-effective. Divorce through trial can be expensive for both the couple and the state of New York.
- Choice: Couples are given the option to participate in mediation. It is a voluntary process that lets spouses reach positive decisions on their own.
- Family: When a couple goes through mediation instead of a trial, it typically benefits any family involved. Trials can often be difficult and bring out a bad nature in people, while mediation allows for good conversations. This is a beneficial option for parents with children.
How Does the Process End?
When a couple finally reaches an agreement on marital issues, the mediator can then draft a Memorandum of Understanding. This outlines all conclusions made between the spouses. Both spouses can then give the Memorandum to their attorneys who create a Matrimonial Settlement Agreement. Once this is signed, the spouses can go to court as an uncontested case to finalize their divorce.
Contact our Firm
If you or someone you know is going through a divorce and wishes to speak with legal representation, contact the Law Office of Peter L. Jameson, PLLC. today.
The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. It is essential to retain effective legal guidance during such pivotal times in life. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.