In the divorce world, “equitable distribution” refers to the process wherein the parties and their divorce lawyer or the New York Courts decide how debts and assets should be “fairly” distributed between parties. The important thing to remember about equitable distribution is that it’s not about simply splitting things 50/50 between both partners involved, instead, the courts must consider a number of factors carefully to determine how each individual should receive the debts and assets accumulated during a marriage. In some cases, when a judge decides how to divide things, this can mean that parties walk away from a divorce feeling unhappy that they weren’t able to get their hands on the things that mattered most to them.
While choosing mediation instead of litigation doesn’t necessarily mean that equitable distribution will go item for item your way, it does mean that you will receive more control over the decisions made throughout your divorce. This can make it more likely that you’ll end up with the share of items that you want most. As a divorce mediator, Mr. Darren Shapiro has the opportunity to offer couples that choose divorce mediation as a form of alternative dispute resolution a friendlier way to divorce. This process can not only help to reduce some of the stress and upset that occurs during divorce, but it may also be enough to ensure that each party has all the information and resources they need to make careful decisions on how to progress into the next stage of their life.
As mentioned above, divorce mediation is a form of alternative dispute resolution, and it’s a resolution method that a divorce mediator like Mr. Shapiro can use in many different scenarios to help support couples that choose to work with him in this method in making complex decisions. Alternative dispute resolution processes can keep emotional turmoil to a minimum by giving people an opportunity to avoid adversity, whenever possible, and it also means that you will have a chance to discuss points carefully with your ex-partner, outlining things that matter most to you.
Just like in any divorce process, parties going through mediation with a divorce attorney that is acting in the role of a mediator like Mr. Shapiro can do when a couple uses his as their divorce mediator, will need to think carefully about how they’re going to manage everything. This includes issues from sharing out debts, to ensuring that children have the right custody and visitation experiences going forward. The good news is that Mr. Shapiro’s experience as a child custody attorney and mediator ensures that he can not only work as a powerful neutral third-party within a mediation scenario, but also provide plenty of useful information for both the wife and husband to consider when they’re making decisions about their lives separated from their ex-partner.
Divorce mediation might not be the idea solution for every scenario, but Mr. Shapiro often finds that it frequently emerges as a more comfortable opportunity for people who need to come together and make difficult decisions about how to transform their lives after a divorce. Because there are no rules in place that dictate exactly how a mediation should take place, Mr. Shapiro can carefully structure each session to meet the needs of the couple or family involved. This means that every experience is bespoke according to the needs of the individuals in question. However, while the conversations may change, it’s important to note that Mr. Shapiro will always give the same unbiased, and focused approach to every couple who enters his office for divorce mediation.
Just like all other aspects of the mediation process, the dynamics of how a decision can be made regarding equitable distribution in divorce can also differ according to the needs of the people involved. Mr. Shapiro can help the husband and wife consider a range of options, based on his knowledge as a divorce attorney, and years of experience as a trained mediator. In many circumstances, he might begin by speaking to both parties about whether they believe that equitable distribution should follow a specific framework. Some of the parties that Mr. Shapiro speaks to will already know which assets they need to distribute, while others will need some help to determine how finances and debts should be split between each individual. There are some cases, for instance, when one party is particularly passionate about keeping hold of the marital residence, while the other party may not be as focused on the same goal. This can help to outline a map towards success in the mediation process.
The good news for people who feel uncertain about their opportunities regarding divorce mediation, is that there’s no requirement for you to know exactly what you want to achieve when you enter the mediation process. Mr. Shapiro is there as a knowledgeable mediator, with experience as a child custody lawyer and family law lawyer, to ensure that you can access all the information and support you need as you move through the divorce process. Though he doesn’t take sides during a mediation, or suggest that any party should take any agreement offered by the other, he can help you to feel more informed as you move through divorce mediation, so that by the time your divorce process is coming to an end, you feel more confident in the decisions you have made.
To ensure that you get the most successful experience possible, Mr. Shapiro also recommends that clients should access the help of their review attorneys when they’re getting mediation support. Review attorneys can provide the tailored guidance and advice that Mr. Shapiro simply cannot offer as a neutral third party during the mediation. Review attorneys are there to act on the behalf of a single client, whereas Mr. Shapiro’s task as a mediator is simply to enable positive communication between both parties.
To learn more about divorce mediation and equitable distribution, feel through to read through some of the articles on this website, or reach out through my online contact form for your free initial thirty-minute consultation. Alternatively, you can contact us via phone at (516) 333-6555.