Advantages of Using Mediation to Resolve Contested Divorce Issues
Mediation has emerged as a highly effective method for resolving contested issues in divorces, such as child custody, child support, spousal support and division of marital property. The New York court system has embraced mediation as a preferred approach. Under the Rules of Court, judges may refer domestic relations cases to mediation before continuing with litigation.
One of the primary advantages of mediation in divorce cases is its capacity to foster an atmosphere of cooperation. When a divorce is contested, the spouses may harbor significant feelings of anger, betrayal or resentment. These emotions can make it difficult to communicate constructively, often leading to escalating hostilities and protracted legal battles. By bringing the spouses together with an impartial mediator, the process encourages both parties to engage in good faith discussions that prioritize problem-solving over adversarial tactics.
In New York, the process mediation involves mediators with experience and understanding of the legal, financial and emotional complexities involved in family law. Their expertise enables them to guide conversations away from common pitfalls, such as positional bargaining, miscommunications or the reopening of old wounds. A skilled mediator helps both spouses identify their true interests—the underlying concerns or priorities that lie beneath their stated positions.
Flexibility is another key benefit of mediation. Court-imposed decisions are limited by legal standards and statutory formulas. In contrast, mediation allows the parties to craft customized agreements that reflect their unique circumstances and preferences. This might involve creative parenting schedules, trade-offs in property division or alternative arrangements for spousal support. Even though neither side is likely to get everything they want, the negotiable nature of mediation encourages the parties to find solutions tailored to their family’s needs.
The mediation process is more private and less adversarial than litigation. Mediation sessions are confidential, which can protect the parties from having sensitive personal matters aired in open court. This confidentiality can encourage spouses to communicate openly. It may also benefit children by reducing the level of interparental conflict they witness during their formative years.
Cost and efficiency represent further advantages. Litigation can be time-consuming and expensive, with drawn-out court proceedings, sizable paperwork and mounting legal fees. Mediation typically resolves disputes more quickly and at a fraction of the cost. This efficiency enables both spouses to move on with their separate lives sooner, with fewer financial and emotional scars. Additionally, the attorneys are permitted to attend these mediation sessions and participate in the sessions. Your attorney will provide you with guidance while assisting you through the mediation process as well and draft and finalize an agreement which incorporates the terms agreed upon in mediation.
The dedicated mediation attorneys at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, New York, provide guidance and advocacy to help clients achieve fair and favorable outcomes. We serve clients throughout Long Island. Call us at 631-360-0400 or contact us online to arrange a free initial consultation.