Advantages of Mediation vs. Litigation for an Albany, New York Divorce

Advantages of Mediation vs. Litigation for an Albany, New York Divorce
For couples and families in Albany, New York, divorce mediation offers a significant advantage over the more combative litigation process. Mediation empowers couples to steer the outcomes, fostering a collaborative process. This reduces emotional stress and accelerates the resolution process, enabling both parties to move forward more swiftly.

How is divorce mediation different from litigation?

Divorce mediation in Albany, New York, is a cooperative process that addresses each individual’s (and their children’s) specific interests, concerns, and needs moving forward. The neutral divorce mediator assists the couple in communicating to create a mutually beneficial agreement. The parties have total control over the outcome. Divorce mediation is cost-effective, saves time, and prevents unwanted emotional turmoil for all family members.

On the other hand, litigation is an adversarial process in which both parties retain attorneys to go to court. The parties have little, if any, control over the process and the outcome. Litigation is an expensive and lengthy process wrought with emotional turmoil. (NYSmediate.org)

Who are mediators?

Mediators, as trained un-biased professionals, play a crucial role in helping the parties communicate to reach a resolution. They are neutral parties who assist people in resolving their disputes. Unlike arbitrators, they do not render binding decisions. Instead, mediators facilitate discussion and guide the parties toward a mutually acceptable agreement, making them a key component of the mediation process.

Advantages of divorce mediation in Albany, New York

Divorce mediation is an amicable alternative to litigation.

  1. Beneficial for your family. Mediation facilitates productive and effective communication between parents when discussing custody, child support, and other aspects of child care. For instance, it can help parents agree on a shared custody schedule that works best for their children’s needs and reach a fair and equitable child support arrangement that considers both parents’ financial situations.
  2. Quicker and less costly. Divorce mediation encourages and facilitates smooth and expedient processes, eliminating the high costs of a litigated divorce.
  3. Mediation is private! It is between the couple and the mediator; there are no public hearings or court filings, so financial information and the specifics of the divorce remain private.
  4. Amicably determine child support and visitation. John MillettD., a divorce mediator in Albany, NY, is familiar with discussing with both parties and managing the process of:
    1. Child Support
    2. Custody
    3. Parenting (visitation) Scheduling

The mediation process supports productive and effective communication with the parties with minimal to no impact on the children.

Without taking sides, a divorce mediator works with you and your partner to negotiate a settlement that is in the best interest of you and your family. Typically, a divorce mediator helps you better understand and communicate your individual and common interests to explore reasonable options, make good decisions, and reach solid agreements that benefit your family.

Navigating New York Divorce Mediation

There is no hard and fast rule for how long it will take to use a mediator for your divorce. Safer Divorce principal John G. Millett J.D., divorce survivor and law school graduate has been mediating since 2008. He helps clients create realistic divorce mediation solutions by building on the positive. Mediation can be simplified and expeditious if couples:

  • Are willing to cooperate and work with each other
  • Can discuss issues like child support, custody, finances, and asset distribution calmly and constructively, avoiding adversarial conflict.
  • Come together for a mutually beneficial solution and outcome.

When shouldn’t you meditate?

Mediation cannot be successful if there is domestic violence or drug or alcohol abuse. It cannot be successful if there is an imbalance of power or a lack of transparency.

Can unmarried couples use mediation? 

Yes, unmarried couples can use a mediator. Couples can mediate their disputes whether they are legally married or not. An experienced and trained mediator will facilitate discussions in an informal and non-confrontational process.

 Can you get a divorce with just a mediator in Albany, New York?

When proceeding with a divorce through mediation, couples avoid having a lengthy and costly “conversation” between two divorce attorneys. Instead, the conversation about how to proceed takes place with one mediation lawyer. When the conversation is complete, the mediation lawyer prepares a Memorandum of Understanding (MOU), which outlines the entire conversation and final agreement on how to proceed. Only then does a “mediation-friendly” divorce attorney prepare a Marital Settlement Agreement based on the M.O.U., which is then filed in court.

Why you need an experienced Albany, New York mediator.

Experience matters. John Millett J.D. is a fully certified and qualified R.1:40 court-appointed mediator who has facilitated dozens of family and civil mediations throughout Pennsylvania and New York. He has dedicated his skills and professional career to helping families arrive at solutions by finding common ground and avoiding conflict. John’s clients experience the divorce process in a kind and capable manner and minimize emotional strain and unnecessary expense.

Contact us, and let’s discuss your situation and see how divorce mediation in Albany, NY, can be a less stressful and simpler alternative to litigated divorce.

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Resources: NYS Council on Divorce Mediation, Forbes.com,

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