Divorce mediation, collaborative divorces and settlements in divorce litigations on Long Island, New York City and the rest of New York operate in the shadow of the law. What this means is that the law exists in the background but does not have to control the resolution of that particular case. The reason is these settlements are structured and agreed upon by the divorcing couple with the help of a mediator and/or attorneys. A judge is confined to decide cases according to the law which might not be particular to the needs of each family. My experience as a Long Island Divorce Mediation Lawyer, and litigator tells me that a divorce that is decided by a Judge after trial is almost invariably the most expensive route. An essential element of a settlement or agreement whether it comes from a divorce mediation, collaborative divorce, or a settlement from an uncontested or litigated divorce is that the parties both agree to the terms. This means that somehow people were able to get past the sticking points.
How do we get past the sticking points? There is no magic formula or one size fits all approach, unfortunately, but different methods work for different people that have different fact patterns to their life situations. The key is the willingness to try different methods to resolve the differences. My experience tells me that people that choose divorce mediation or a collaborative law approach are the most willing to utilize different techniques to get past the sticking points. Lawyers and clients negotiating a case outside of divorce mediation or collaborative law may use creative settlement techniques as well.
I am writing this blog entry as a brainstorm of different ideas and techniques that I might use or anyone could use to get past the sticking points to settle their divorces no matter the method used. The suggestions are not in any particular order and are by no means an exhaustive list. Continue reading ›