Articles Posted in Separation

This is a question that many people need to answer when deciding whether to try mediation for their divorce.  I have been practicing matrimonial and family law, for a number of years now as an attorney all around the area.  I also handle Long Island Divorce Mediation at my office in Nassau County, New York.  My personal belief is that if a couple can do mediation it is preferable to a contested litigated divorce.  Among the many reasons I feel that way is that a mediated case is usually faster, less expensive, more tailored for each individual family, and more dignified than a contested divorce.  Couples tend to have less animosity for each other after a mediation.  Many can remain friends.

It is important, however, that someone who goes through a mediation gain knowledge to know what they might be entitled to if they did litigate.   The reason that this is advisable is that a mediator’s role is not to give legal advice to either side.  Mediators that are also divorce lawyers are not acting as an attorney for either side during a mediation.  A mediator’s role is to be a neutral third party that is there to facilitate parties coming together to make an agreement.  Therefore, a concern when mediating is to be mindful of unknowingly making an unfair agreement.

This can be safeguarded against by using a review attorney to go over what was agreed upon in a mediation.  People can find their own independent lawyers to go over the settlement that was reached from a mediation.  Some mediators can provide names of lawyers that are willing to act as a review attorney to one side of a mediation.  Review attorneys might charge an hourly rate to go over the agreement with their client or even offer a flat rate.  The review attorney is there to provide legal advice to their client.  A review attorney might give assurance if the agreement seems fair or lopsided.  He or she can offer suggestions, if there are any, on changes to make to the agreement.  The suggested changes can be considered with your spouse with the mediator. Continue reading ›

Each mediator has their own approach; therefore this blog entry is not intended to be a definitive map for divorce mediation in Long Island and surrounding areas.  The purpose of this article is to be illustrative of how a typical mediation could proceed.

A couple that is interested in getting a mediated divorce can come to the mediator’s office for a half hour no fee consultation.  The mediator will meet with the couple together as he or she is a neutral person.  Although some mediators are experienced divorce lawyers, as the mediator, he/she is not acting as the lawyer for either party.  In the initial consultation a mediator will describe the process and answer the general questions that the wife or husband may have.

If a couple is ready to begin the process after the half hour consultation, then they can usually start to work on a settlement of the issues right away.  The first topic that is usually addressed is what the grounds for the divorce will be.  More often than not, there is an immediate agreement to use the no fault ground that now exists in New York.  All that is required for this ground is that either the husband or wife needs to be able to swear that the marriage has been irretrievably broken for at least six months.   It is not the husband’s fault or the wife’s.  One person will need to be the plaintiff and the other the defendant when the actual divorce is filed.  Usually this is not a source of contention.

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