Divorce Mediation: Some Common Questions
The most basic question is: What is divorce mediation?The most basic question is: What is divorce mediation? It is a process by which a couple, intent on separation, address and successfully resolve the issues that (1) divide them and (2) otherwise need to be resolved. At the outset the key is that the couple have decided not to engage in a long and costly divorce, but to part amicably. That last adverb can sound pollyannish but, if you stop to think about it, makes absolute sense. Sure, sometimes parties are angry, even bitter, but it is crazy to carry those emotions forward into the divorce process and beyond. One way or another, you will be separating from your partner at some point in the future. Why not keep your money and trust a negotiation process that millions of people have undertaken? Your mediator will act as a neutral third party and assist the two of you in resolving any and all questions relative to division of your assets and debts, custody and care of your children, support, and many other issues that will be ultimately resolved in your written agreement. I also tell people you want to end up with an agreement that works for both parties, not an agreement imposed upon you by a court because your spouse’s attorney was more adept than your attorney.
How long will it take? The answer is a fraction of the time a litigated divorce will take. On average, I usually prepare a first draft of the agreement after three to five sessions.
What does it cost? Again, an even smaller fraction of what each party will spend in an adversarial divorce where parties typically spend tens of thousands of dollars in legal costs. Sadly, that cost is not confined to wealthy people. Individuals who are middle class can and will spend the same amount. This is because the legal issues of people across society are much the same, i.e., a poor person will fight as hard for support as a wealthy person. In my opinion, most people turn to mediation because they refuse to go bankrupt paying counsel.
If you wish to schedule an initial consultation please contact me at 212-605-0435 or 516-280-3123.