How is mediation more beneficial than litigation?
Mediation is a process that spouses can use to reach agreements on marital issues during divorce proceedings. Through this process, couples will meet with a third party known as a mediator to discuss these issues. The mediator is there to guide the conversation to reach resolutions regarding matters such as child support, alimony and more. They do not make decisions for the couple during these sessions. It is important that couples cooperate during mediation sessions. If they do not cooperate, the divorce mediation process may not be able to help them reach conclusions.
Spouses are encouraged to work together to decide on issues during mediation sessions. This can lead them to make more satisfying agreements. Since they working together, they may be more respectful of one another’s wishes, which can lead to a working relationship outside of marriage. This can be beneficial if children are involved in the arrangement. By avoiding drama in court proceedings, mediation can lead to a more amicable divorce, resulting in more respect for one another. This can set a good example for the children and allow child custody arrangements to work out smoothly. Since mediation does not take place in litigation, it allows for more privacy. A judge will not be making the decisions in mediation. In court, they have to make decisions for the couple, which can lead to unfavorable conclusions. Spouses may not be content with the arrangements that a judge makes. It can be more beneficial for them to make these decisions with their spouse.
Can I end this process?
Due to the amount of cooperation required for mediation, it may not be a process for everyone. If couples are unable to continue the process, they can opt to end it. Couples may have to enter into a contested divorce where they will need to enter into litigation. During litigation, important decisions will be decided on by a judge. For these situations, individuals may not be able to receive as favorable as an outcome as they hoped for. If you decide to go through with mediation but realize it is too difficult to continue with, you have the option of ending mediation at any time. You have the right to stop the mediation process and contest the divorce.
The Pollack Law Firm, P.C. understands that divorce and family law matters can be very complicated and emotional. They require strong legal representation from a compassionate attorney. Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.
