Should You Hire a Divorce Mediator in Albany New York?

Divorce Mediation Albany NY

Hiring a divorce mediator in Albany New York is a preferable solution to a lengthy legal battle resulting in significantly less cost and stress.  Divorce mediation encourages and enables couples to work together to create an agreeable solution with minimal stress to each other and the children.

What is divorce mediation?

Divorce mediation in Albany New York, is confidential, meaning the mediator cannot disclose or reveal any conversations, documents, or other materials. However, there are very few exceptions, including threats of serious harm or allegations of child abuse.

Mediation is a court-approved process in which a trained neutral person, called a mediator, encourages, and facilitates the resolution dispute between two or more parties. Mediation is informal and non-adversarial, intending to help parties reach a mutually acceptable and voluntary agreement. Mediation delivers straight-line communication between parties without circumventing each other through attorneys.

According to the New York State Council on Divorce Mediation,

Divorce mediation is a voluntary settlement process used frequently and successfully by married couples who want to divorce and by domestic partners who wish to separate. Divorce mediation gives couples the option to plan their futures rationally and in an atmosphere of cooperation and mutual respect. With the assistance of a trained divorce mediator, you can reach an agreement that is custom-made for your family, your finances, and your future. 

Divorce through mediation affords married couples and domestic partners several benefits:

  • Mediation is more affordable.
  • Takes less time.
  • Improves the couple’s ability to communicate.
  • Encourages a spirit of cooperation.
  • Gives couples more control.
  • Allows them to make better decisions for their family.
  • Is more emotionally protective of their children. 

What does a divorce mediator do?

A divorce mediator facilitates productive and effective communication between parents when discussing custody, child support, and other aspects of childcare.

Without taking sides, a divorce mediator helps each couple come to an agreement that the participants feel will meet their individual needs and the needs of their family. Typically, a divorce mediator allows each partner to better communicate individual needs and shared interests to explore reasonable options, make informed decisions, and create solid agreements that benefit their family.

The divorce mediator can work with married couples, domestic partners, and unmarried couples.

Questions to ask a divorce mediator

We are often asked what couples and domestic partners should question when contemplating divorce mediation and speaking with the mediator. While the list can be extensive, here are five common questions:

  • Will I need my own attorney?
  • Is mediation as binding as a divorce?
  • What type of training experience do you have?
  • How long will it take to complete the mediation?
  • What if we uncover hidden assets, new issues, or dishonesty? How does that affect the process

How does divorce mediation work?

In its simplest terms, mediation is a conversation you will have with one mediation lawyer. Not with two divorce lawyers. Using a mediation lawyer this approach is more cost-effective and allows parties to avoid all the headaches and heartaches of a divorce now and throughout the future.

In mediation, a neutral third party meets with divorcing couples to discuss how a divorce can be completed in the most amicable way possible. Mediation is available to everyone before filing for divorce, after filing, or even when issues arise once the divorce is complete. Don’t allow the struggles and conflicts of divorce to occupy the hearts and minds of everyone involved. Family and friends included. Mediation will assist in resolving all issues with a complete and thorough process.

The mediation process and laws can vary from state to state. In New York, the divorce mediator is responsible for facilitating and drafting a written document detailing the couple’s agreement on critical factors. What happens in divorce mediation is quite simple:

  • An introduction and initial meeting
  • Three sessions/three areas
  • Information gathering and communication
  • Review Attorneys Plaintiff Defendant
  • Draft Mediation Memorandum
  • Prepare a Marital Settlement Agreement (MSA)
  • File MSA
  • Obtain Final Divorce 

How much is divorce mediation?

Many couples and partners find that divorce mediation works through the process to reach mutually beneficial results more quickly, eliminating the higher costs associated with hourly attorney’s fees during a litigated divorce.

The costs associated with meditation can vary depending on whether you choose a private mediator, a nonprofit mediation provider, or court-associated mediation.

Divorce Mediation Tips

Every couple and circumstance differs, but the process follows a similar format. Here are some tips when contemplating divorce mediation:

  • Prepare to communicate clearly and communicate your needs, wants, or experiences.
  • Create a list of all assets, personal items, and debt.
  • Think about a budget and itemized expenses since two households need financial support now.
  • Consider your triggers and reactions to avoid emotional conflict.
  • Time should be spent in a productive way to reach an agreement.
  • Utilize joint sessions and private sessions with the mediators.
  • Think about your children and what is best for them

Most importantly, hire a divorce mediator to communicate with, trust, and collaborate to come to a final and agreeable divorce.

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” through two divorce attorneys. Rather, 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, 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. and that document is then filed at court.

Interested in learning more about how divorce mediation in Albany New York can work for you?

Divorce mediation is a good idea when couples can amicably work together toward a mutually beneficial solution. Contact us, and let’s discuss your situation and see how  divorce mediation in Albany, NY can be a more than viable alternative to litigated divorce.

 

Resources: NYS Council on Divorce Mediation,

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