When you picture a divorce, you may envision two bitter spouses who only speak to each other through their attorneys and do everything possible to make this process as difficult as it can be for the other. However, you’ll be surprised to learn that not all divorces are highly contested battles. In fact, many spouses can remain civil and negotiate the details of their divorce through a process known as mediation. If you’re going through a divorce, understanding your options is critical. As such, the following blog explores how divorce mediation works, and its benefits. You’ll also discover the importance of connecting with a Nassau County divorce lawyer to help you through these complicated and emotional times.
What Is Divorce Mediation?
Mediation is a form of alternative dispute resolution used when two parties cannot reach an agreement or compromise on a matter. While this can be used in any type of legal battle, such as disputes between landlords and tenants or employees and employers, it is often utilized in divorces.
This process centers around the mediator, who is a neutral third-party entity. Their job is to facilitate the conversation and work with the couple to reach agreements on contested matters, like property division, alimony, or child custody. The goal of mediation is to avoid a lengthy and costly court battle by determining the outcome of your divorce together.
There are several important elements to mediation. The first is that the mediator cannot take sides or offer legal advice to either party. Additionally, mediation is confidential, which is ideal for couples looking to keep their finances and other sensitive details of their divorce private. When you reach an agreement, the mediator will create a contract that, once signed, will be submitted to the court and enforced as part of your divorce agreement.
You should also note that, while mediation is a great tool for many couples, it is not ideal for all circumstances. Generally, those who have experienced abuse at the hands of their spouse may not benefit from mediation due to the power imbalance or feeling intimidated.
If I Choose to Mediate, Do I Still Need an Attorney?
Mediation can be a great way to have more control over your divorce as opposed to letting a judge who may not be familiar with your unique circumstances determine the outcome. However, you should not forego consulting an experienced attorney if you want to pursue mediation. Not only can your attorney help with the initial filing of divorce documents, but they can also help you better understand your rights. This allows you to make informed decisions during the mediation process. Additionally, when you complete mediation, your attorney can review the agreement before you sign to ensure that it reflects your best interests and that the terms of the agreement are legally binding.
When you are ready to file for divorce, it’s in your best interest to connect with an experienced attorney to guide you through this difficult legal process. Unfortunately, many assume that filing for divorce is simple, which can lead to errors in the process that impact you for years down the line. However, working with the experienced team at the Law Offices of Jay D. Raxenberg, P.C. ensures that you have someone on your side to fight for you. When you need help, our firm is here. Contact us today to discuss your circumstances with a member of our team.