Although I came to the conclusion late, I now believe mediation is the optimum solution for resolving the majority of marital disputes. Litigated cases are significantly more likely to divide spouses even further, whereas many more of my mediation clients depart the process more amicably. Of course, litigation will always have a place, particularly in cases where you have an unreasonable partner or one hiding assets, etc. In the main, though, mediation affords a greater opportunity that couples can sustain their relationship post-divorce.

Mediation is all about creating a structure for couples to resolve not only their current issues but issues that will arise in the future, especially if they have children. People use mediation or arbitration in all walks of life, but it can be singularly effective with divorcing couples.

Quite simply, one of the greatest benefits of mediation is saving money. If you mediate your case responsibly, you avoid the very, very expensive process of filing motions and attending periodic conferences in court. I cannot emphasise enough how expensive litigated divorce can be. Lawyers are paid on an hourly basis and you will want your lawyer to spend whatever time it takes to be properly prepared when you go to court. That costs money. In mediation, you avoid most of that expense. Your mediator, particularly if he or she is an attorney, is conversant with the latest court decisions and how judges look at a case. The impartial advice of your mediator can substitute for the decision of a judge.

Mediation is quicker. You are in a safe, comfortable environment as opposed to a courtroom filled with angry litigants with other cases, some of which will dissolve into shouted arguments in the corridors. Litigation takes months and years. Judges often do not have a great deal of time to spend on a single case until it approaches trial and, even then, much of what can be naturally said is barred by the rules of evidence.

I think the greatest benefit of mediation is pushing parties to learn to work together and construct an improved future between themselves. It happens a lot more than you might think.

If you wish to schedule an initial consultation please contact me at 212-605-0435 or 516-280-3123.