Is Mediation a Confidential Process?
If a divorce is imminent, it’s crucial to consider all of the legal avenues available for ending your marriage. Unfortunately, many assume they are limited to litigation. However, divorce mediation is a viable alternative for couples seeking to keep the details of their split private. Divorce is difficult enough without having your dirty laundry aired out for everyone to see. Please continue reading to learn what you can expect during this process and how a dedicated Nassau County Divorce Mediation Attorney can help resolve your disputed issues to reach a mutually satisfactory agreement.
How Does Mediation Work?
Mediation is a form of alternative dispute resolution in which couples meet with an impartial third party in an informal setting to address their divorce issues and reach a mutually agreeable settlement. Essentially, the mediator aims to facilitate discussion and negotiation. This divorce route is often less combative and faster than traditional litigation. It’s important to understand that the mediator doesn’t represent either side nor do they offer legal advice. Their role is simply to guide conversations and propose compromises to the issues at hand. Ultimately, the goal of this process is to reach an agreement that is fair to both parties and makes the most sense for the couple’s unique circumstances.
While mediation has numerous benefits, it’s not right for every couple. Mediation is often a good option for couples who are amicable and are willing to collaborate to resolve their disputed issues. This alternative dispute resolution method is not suitable when there is a significant imbalance of power. For example, if one party is the victim of domestic abuse, they may be afraid to speak openly during mediation sessions. If this is the case, it will be difficult to achieve a fair outcome, as the party with more power can dominate the negotiations and lead to an unfair settlement for the other party. To determine if mediation is right for you, it’s in your best interest to enlist the help of an experienced attorney.
Is Everything Discussed in Mediation Kept Confidential?
When you litigate your divorce in New York, the details shared during proceedings are considered public record, meaning anyone can access information about the divorce, including the terms of the settlement. Many couples are uncomfortable having their dirty laundry aired for everyone to see. As such, they turn to mediation as an alternative as it’s an entirely confidential process.
As a general rule, information divulged during mediation sessions is privileged, meaning they are not subject to discovery or admissible evidence in a proceeding unless waived by all the parties. This means mediators are not permitted to disclose any information shared during mediation to a judge or anyone else, with very limited exceptions.
At The Pollack Law Firm, P.C., we are prepared to help you determine whether mediation is the right choice for your situation. Connect with our legal team today to discuss your legal options.
