Divorce Mediation – How it Works and Who Can Benefit From it
Divorce Mediation is the process in which both parties visit with an experienced divorce mediator who will assist them in reaching an agreement about their divorce. The average fee of divorce mediation in New York City is between ten thousand and fifteen thousand dollars. That fee range includes the costs for the parties to travel to the mediator’s office, the preparation of the Settlement Agreement, and any court filings that are required.
Mediation is a two-way process in which both parties participate. Each spouse may choose to either call or send a written communication to the other spouse. If the divorce mediator believes that both sides have reasonable agreements then the mediator will assist in entering an agreement on those issues. It is possible that some agreements are outside of what the lawyers agree upon, but both lawyers must reach an agreement on those matters. In many cases, the lawyer and the spouses may reach an agreement on child support or other aspects of alimony or spousal support. Sometimes, the divorce mediator is not able to make a very thorough analysis of the financial circumstances of the parties, so it is important that both parties agree to all terms agreed upon.
The divorcing spouses must hire their own divorce mediator or they may choose a non-lawyer litigation attorney. In most instances, the divorcing spouses will be expected to pay for their own litigation attorney, unless they can demonstrate financial hardship. Many attorneys provide a free initial consultation to the potential client. The majority of these initial consultations are often a verbal offer to assist the client in completing the necessary forms and filings with their court date. The client is then free to proceed with their own divorce case.
Once the divorce mediation has begun, both attorneys and clients are free to communicate with each other throughout the course of the mediation. Both attorneys should try to keep the lines of communication open with the other person. Unless there are pressing issues, both attorneys should try to schedule a follow-up appointment to speak with the person regarding legal advice and any other financial matters. A good divorce mediator will help the couple to determine if they will need to take out another mortgage or refinance in the future. He or she will also help the couple develop a payment plan. If either party feels that they are paying too much money, they can make arrangements with the other person to come up with a more affordable payment plan.
Another common question is how much time is spent with the mediator and/or the other party? Most mediations last about an hour, where as court fees could take several days. Each divorce mediator has his/her own fee schedule, which will be stated in the final agreement between the two individuals or their attorneys. Court fees will include the hourly rate, court costs and any other fees associated with the case. The fee schedule should include the hourly rate as well as any additional fees for the particular divorce mediator.
One final question regarding divorce mediation: what happens if a problem is not resolved during the mediation sessions? The mediator cannot resolve a problem that was not properly addressed in the mediation session. In order to resolve these types of complicated cases, one or both attorneys will need to file motions to the court, which will be heard by a judge. These types of cases often end up in a full-blown trial. In order to protect their client’s rights, lawyers will often hire additional professionals such as child psychologists, financial experts, etc.
Divorce Mediation is a great way to remain calm during this difficult time. Both divorcing couples can meet with a trained professional who will give them honest and non-inflammatory advice. Divorce Mediation is also a good way for divorcing couples to discuss their financial situation, assets and debts. It is a safe and effective way to address any potential issues that may be beneficial to one or both parties. Divorce Mediation in New York State is offered by many experienced and reputable divorce mediation agencies.
If you and your spouse are not able to resolve any disputes between the two of you prior to the hearing on the matter, you may wish to consider using the services of a divorce mediator. Divorce Mediation in New York can help to ease the stress that may accompany a divorce proceeding. By using mediation, couples can have an honest and open discussion with a licensed divorce mediator who will offer them honest and non-inflammatory advice.