Mediation for Family Law Disputes

Family law disputes can be overwhelming and stressful. A good New York mediator can help you and your partner find workable solutions that meet your specific needs. This may include child custody, parenting schedules, financial support and property division. In addition, mediation is a quicker process than litigation. However, it is always best to get legal advice from a lawyer before you mediate or sign any agreements.

Mediation can be used for many different family disputes, such as a divorce, separation, child custody, parenting plans, financial support, elder care and the distribution of inherited properties. The key to successful mediation is identifying issues, exploring options and facilitating communication between the parties.

Most courts encourage parents to attempt to reach their own resolutions before they resort to litigation. It is also a less expensive option. Even if you and your ex-partner are not currently communicating, it is often possible to reach an agreement with the help of a New York mediator.

The majority of disputes that enter mediation are successfully resolved out of court, and agreements reached in mediation tend to be followed more often than those decided by a judge. This is because the parties involved in the dispute understand their situation better than a stranger does, and they are able to create solutions that fit their own unique lifestyles. This is a big advantage of mediation over litigation, which often leads to unsatisfactory results because the solution is created by a third party rather than the parties themselves.

Family mediation is also a more private and confidential process than going to court. The information discussed in mediation is generally kept private, and there are some cases where the mediator will only have separate sessions with each party. Some mediators will alternate between separate and joint sessions to ensure that they get all the perspectives of their clients. If there is a child involved, the mediator may also meet with the children to get their view of the situation.

Some states require that parties attend family mediation before they can take their case to trial. However, in some cases, you can choose to bypass family mediation and go straight to court if the other party refuses to participate or if there is an ongoing domestic violence issue or a protection order in place.

While there are some exceptions, a general rule of thumb is that a divorce or custody mediation session will last around an hour per party. This time can be shortened or lengthened depending on the situation, but it is important to have enough time to resolve the issue at hand.

A good mediator will provide a comfortable environment and be able to bring the parties together in an effective way. The best approach is usually to try to have the first mediation session as soon as possible after the initial meeting with the lawyer. However, this is not always feasible, and you should discuss your options with a New York mediation attorney.

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