Divorce mediation is a private process that takes place outside of the court system in which a neutral third party, known as a mediator, facilitates a cooperative resolution of the issues attendant to a couple’s divorce. Mediation offers participants an opportunity to explain their perspectives, concerns, opinions, and feelings in a low-stress and informal setting. Participants actively communicate their ideas and consider each other’s options for resolving their conflict, and with the assistance of a mediator find common ground on which to reach a consensus. While courts can order parties to attempt mediation in some cases, mediation is always “voluntary” in the sense that the parties always have the right to seek court intervention if necessary.
At Tully Rinckey, our New York divorce mediation practice can assist couples with their disputes from the initial joint session through the drafting of a durable, binding, and enforceable agreement.
Divorce mediation is a voluntary settlement method utilized regularly and successfully by married couples and domestic partners seeking to separate or divorce. Divorce mediation allows parties to rationally plan their futures in an atmosphere of cooperation and mutual respect. With the help of a qualified divorce mediator, you can establish an agreement that is tailored to your family, finances, and future.
Further, because it offers a cost-effective way to come to agreements in a collaborative environment, divorce mediation is the preferred option for couples and families facing separation and divorce as well as for those seeking to minimize the negative impact that litigation can have on their children. Participants also have more control over the process and decision-making when going through divorce mediation compared to traditional courtroom litigation. Couples communicate more effectively as a result, which often speeds up the entire divorce process.
Even if you do not have many things in common with your partner, divorce mediation could still be the right choice for you. At Tully Rinckey, our qualified New York divorce mediator practice can help you come together to discuss your issues and create equitable solutions faster and more economically than traditional litigation.
The Tully Rinckey team is equipped to serve clients throughout the New York City metropolitan area, including but not limited to Manhattan, Queens, the Bronx, Brooklyn, and Staten Island, as well as Long Island—both Suffolk and Nassau County—and the middle and lower Hudson Valley areas including Westchester County. Additionally, with access to online mediation and e-mediation, our team can remotely mediate your divorce in a way very similar to traditional mediation.
To learn more, call or email us today at 8885294543 or info@tullylegal.com to talk to our experienced divorce mediator who can answer questions specific to your situation.
When it comes to the divorce mediation process, couples will generally meet with their divorce mediator for a number of sessions to review and discuss all aspects of their partnership when it comes to making decisions regarding their individual and family needs. While couples in these circumstances are often experiencing a complete breakdown in communication with one another or may even be in a high-conflict relationship, experienced divorce mediators can help facilitate discussion and allow each party to indicate their needs to one another and present agreeable solutions to even the touchiest topics, including, financial support, division of assets, and tax issues.
These agreements reached during mediation will then be put into writing by the divorce mediator and generally take the form of a memorandum of understanding, separation agreement, or marital settlement agreement. Should the couple choose to finalize their divorce, they would then be able to present this document to the court, saving both the time, money, and hassle that come with deciding these issues in court.
Litigation is an adversarial process in which both parties hire attorneys to represent them in court. The parties have little or no influence over the process or the outcome. Litigation is a costly, drawn-out procedure that is emotionally taxing.
In contrast, divorce mediation is a collaborative process where, via discussions facilitated by a mediator, the participants cooperatively engage in problem-solving in order to reach mutually agreed-upon decisions about how to resolve the issues of their divorce. The divorce mediator facilitates communication between the couple in order to reach a mutually beneficial arrangement. The parties have complete influence over the outcome, and parties are free, and in fact encouraged, to seek separate legal advice at any point during the process. Divorce mediation can save money, time, and unwanted emotional strain for all members of the family should the resulting agreements be mutually acceptable.
Most of the time, the answer is yes. Even if there is little common ground between the parties, mediation may still be a possibility. Further, it is typical for one individual to be more prepared than the other to proceed with divorce mediation than the other. In order to help the couple move on, the divorce mediator may be able to facilitate a discussion regarding this, giving each participant the time they need to come to terms with the end of their relationship.
However, in some serious and limited cases, such as when there is domestic violence, a failure to completely disclose financial information, or substance misuse, divorce mediation may not be appropriate. Regardless of the situation, a divorce mediator will help to create a safe and balanced environment in which both parties can express their needs and expectations.
Many couples are choosing to use divorce mediation as their preferred method of separation or divorce since it gives them control over making decisions regarding their individual futures and families. Further, since these decisions are made in collaboration, they are more likely to be abided by as well.
Additionally, couples often find that divorce mediation saves them time and money when it comes to finalizing their divorce since it saves on the high costs that come with a litigated divorce.
Most importantly, divorce mediation is beneficial for parents, as it allows the couple to engage in productive discussion regarding their parenting abilities and capabilities now and in the future. The hope is that, with the help of a divorce mediator, the parents will be able to effectively communicate and co-parent with one another, so that they can continue to be in their children’s lives and shield them from the oftentimes bitter conflict and feelings that are associated with a litigated divorce.
Even if you already have a case in court, it is still possible to consider mediation and other forms of alternative dispute resolution (ADR). It is also possible to bring a lawyer to divorce mediation or speak with outside counsel through the mediation process, but it is not required.
In recent years, online divorce mediation has risen in popularity as another way to expedite and cut costs when it comes to resolving your divorce. Scheduling a time for the parties, attorneys, and mediator to meet in a physical location can be more difficult than scheduling a virtual meeting. And by not having to rent a meeting room, you also save money.
Further, with all the emotions that come with a divorce, some parties might find it easier to speak their mind while not in the physical presence of their spouse. Online mediation reduces this burden, lessening the amount of time you have to spend face-to-face while staying in the comfort of your own home.
While you do lose some of the decorum that comes with meeting in person, the ability to negotiate the terms of your divorce remotely, along with the money and time saved that come with online mediation can be an attractive option to many couples seeking a divorce. If you are interested in online mediation or if you have additional questions, reach out to our divorce mediation practice today.
Divorces are highly complex and often involve emotional topics for all parties. Although you may feel tempted to “do-it-yourself”, what happens in these cases can have a drastic impact on your life, family, and future. However, having an experienced divorce mediator can help even the most disagreeable partners to effectively communicate and achieve a better understanding of the situation and one another.
Whether you are considering or are in the process of seeking a divorce or separation, it is never too late to consider divorce mediation. A Tully Rinckey divorce mediator will help you focus on your future and reach an agreement that satisfies everyone’s needs.
The Tully Rinckey team is prepared to assist clients in the entire New York City metropolitan area, including but not limited to Manhattan, Queens, the Bronx, Brooklyn, and Staten Island, as well as Long Island (both Suffolk and Nassau County), the middle and lower Hudson Valley regions, including Westchester County. We can also remotely mediate your divorce in a style that is quite comparable to traditional mediation thanks to access to online mediation and e-mediation.
To schedule an initial consultation with a member of our experienced team, contact us 24 hours a day, 7 days a week, at 8885294543 or info@tullylegal.com. You can also book your consultation online via the link below.
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