If you and your spouse have decided to try divorce, you have several options to consider in getting a divorce settlement. One is to hire a licensed divorce lawyer. But many individuals may not want to hire an attorney since this can be costly. Divorce mediation can be a cost-effective alternative to expensive litigation that can be time consuming and messy. Divorce mediation also allows parties to settle their marital issue outside of the traditional court setting, but only one party need still have their lawyer to advise them throughout the legal process.
Divorce mediation is usually done through a impartial third party called a mediator. During mediation, a neutral third person called a mediator helps both sides to communicate during the divorce process. Both you and your spouse will be able to discuss things with the mediator who will assist you with your discussions. Divorce mediation several factors which can be used to determine whether it is a good idea for your particular situation.
New York State Divorce Mediation requires both you and your spouse to meet with a divorce mediator on an scheduled basis. The schedule varies from state to state, but in most instances, the sessions can last up to one hour. If you are in the city of New York, meetings may occur more frequently as the courts in the state of New York may require it.
New York City is one of the most popular places to seek divorce mediation assistance. The city is home to many divorce mediation professionals who know the court system and the procedures required for a fair and amicable settlement. In addition to meeting regularly with the divorce mediator, if you live in Long Island, you may want to consider the services of a Long Island family lawyer as well. Long Island attorneys can provide their clients with a full range of divorce mediation options and they often work in conjunction with New York City divorce mediators. In addition to working with attorneys, you may want to consult with a peer mediator or even just a family member. Regardless of whom you consult with, you will likely benefit from hiring legal representation.
The majority of divorces go through mediation in some form. However, not all divorces go through mediation. For instance, in a property settlement, an appraiser will take a home appraisal and make a value determination. Usually, if an appraisal determines that the selling price of your house is less than the mortgage amount, you will get the cash you need. In a child custody case, mediation typically happens after both parents have made their required appearances before a judge and have given their wishes to the mediator regarding the mediation process.
Many times, marital problems can be resolved without the help of an attorney. However, because attorneys are expensive, many couples choose to use them only when the issue is extremely complicated. As a result, it may be more cost-effective to settle the issues in house and then hire an attorney if the issue is more complex. This saves time and expense for the parties as well as the court.
Both parties are encouraged to attend mediation. This helps both sides come to an agreement that both of them can agree upon. It also allows them to avoid going to trial over issues that are easily resolved during the mediation process. Mediation may include the parties sitting with an attorney, and sometimes attorneys are included for free. If so, the attorney works only on the agreement between the parties, and does not offer legal advice to either party. However, if both parties agree to enter into the legal separation, the attorney can offer assistance with getting the agreement set up for trial if necessary.
In some cases, the parents may decide to separate before the mediation has begun, but other times, they will come to an agreement and continue with the mediation. If the parents do agree to separate before the mediation begins, they must notify the court, and the judge will then schedule a mediation session. At this time, the parties are encouraged to come prepared with a complete parenting plan. By following these simple steps, both sides can benefit from the divorce mediation process.