Using Mandatory Presumptive Mediation in a New York Divorce

Mandatory presumptive mediation is used in New York divorce cases to encourage amicable resolutions outside the courtroom. This process, implemented in 2019 as part of the state’s efforts to streamline the judicial process, requires parties in certain types of civil cases to participate in mediation before their case can proceed to trial. The goals are to reduce litigation costs, expedite case resolution and promote mutually satisfactory agreements.

In a divorce case, mandatory presumptive mediation involves both spouses meeting with a neutral third-party mediator who facilitates discussions on contested issues such as child custody, property division, spousal maintenance and related matters. Unlike traditional court proceedings, mediation is a more informal, confidential forum that fosters open communication and collective problem-solving. It generally is held in an office setting, such as a law firm.

After the initial divorce filing, the court often refers the case to mediation. Both parties are notified and advised to meet with a mediator, who is randomly assigned through the court system. The court assigned mediators are a free service to parties. The parties may bring their attorneys to the mediation session. 

Here are some tips for using the mediation process to your best advantage:

1. Seek legal advice — An experienced divorce attorney can help you understand your rights and ensure any agreements you reach are fair and legally sound.
2. Prepare thoroughly — Gather all relevant financial documents and other pertinent information so that your attorney can have these materials on hand during the sessions.
3. Understand your goals — Identify your key priorities and the outcomes you hope to achieve and discuss them with your attorney beforehand so that discussions can be kept focused.
4. Control emotions — Staying calm and composed helps maintain productive dialogue.
5. Maintain an open mind — Be willing to listen to the other party’s perspective and consider creative solutions that meet both parties’ needs.
6. Be patient — Mediation may take multiple sessions and not all will be productive. Allow time for thoughtful reflection and deliberation.

While participation in a mediation session is sometimes mandatory, reaching an agreement is not. If a case is referred to mediation, either party may opt out after the first meeting which is confidential and will not be shared with the judge assigned to your case. In addition, in the case where there is an existing order of protection or allegations of domestic violence, the court cannot refer same to mediation and the matter will remain before the assigned judge. If the parties cannot resolve their issues through mediation, the case will proceed to litigation.

The dedicated 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, whether through mediation or litigation. We serve clients throughout Long Island. Call us at 631-360-0400 or contact us online to arrange a free initial consultation.