While many couples are conflicted as to the legal issues surrounding separation or divorce, most people also want to avoid a public, costly, and emotionally draining courtroom battle. Mediation is a practical way for couples to settle their disputes outside court, without the expense of separate counsel and drawn-out litigation. Nassau County divorce mediator Darren M. Shapiro is an experienced lawyer who can help couples reach a settlement agreement that benefits all of the parties involved. Mr. Shapiro can advise separating couples on the legal consequences of a particular decision and answer any other questions they may have about divorce mediation.
Mediation is a non-adversarial method for divorcing couples to reach an agreement on the major legal issues involved in a separation. Typically, mediation is initiated by both spouses voluntarily and in good faith. The mediation process is facilitated by a trained, neutral third-party mediator, who does not advocate for either spouse. Instead, an experienced mediator can explain particular matters of law, identify any adverse consequences a decision may have on the parties, de-escalate conflict, and offer well-rounded solutions in order to allow the parties to come to a mutual agreement.
The mediation process involves the spouses meeting with the mediator to discuss and resolve specific issues identified by the parties. Among the topics commonly addressed in mediation are the division of marital assets and debts, spousal support, child support, and child custody and parenting time. During mediation, each spouse will have the authority to make his or her own decisions, while utilizing the experience and legal advice of a trained professional. If the parties are at an impasse with regard to a particular topic, an impartial divorce mediator can suggest concessions in other areas, identify solutions that have previously worked in similar situations, or employ other mediation techniques to deal with the dispute.
While the amount of time needed to resolve all of the issues varies for each couple, the mediator will keep the parties focused on reaching a mutual agreement. Once the spouses have agreed on some or all of the matters, the mediator will then draft a binding agreement to be signed by the parties. Settlement agreements arising out of mediation will be just as binding as any court-ordered decision, since the agreement will ultimately be entered by the court. If the spouses cannot resolve all of their differences through mediation, they may seek alternative venues, such as collaborative divorce or litigation, to complete the process.
Mediation has many advantages. Since the spouses do not retain their own attorneys, legal costs are much lower. In addition, instead of leaving critical financial and custody decisions to a judge, the spouses have decision-making control over these matters. Mediation also allows couples to resolve their divorce more quickly than through litigation, so they and their children may move on with their lives sooner.
In many cases, successful mediation results in a quicker, less expensive resolution of divorce than litigation. Nassau County lawyer Darren M. Shapiro understands child custody, child support, spousal support, property division, and other complicated matters that may arise during a divorce in New York State. To learn more about the divorce mediation process, call (516) 333-6555 or contact us online for a free consultation.