Is Mediation Right for My Divorce?
Filing for a divorce is never easy, despite the reasons that led to the split. In addition, it can be time-consuming and costly, especially if both parties have hired attorneys. Considering a mediation attorney in New York is a very encouraging way of resolving conflicts.
Divorce mediation is a good alternative to litigation. Couples work with a neutral mediator to solve issues without involving the court. The role of the mediator is to help both parties reach an agreement. And even though divorce mediation is not free, it is much more affordable than going to court. That does not mean you cannot hire an attorney in New York. A lawyer still plays a significant role, such as explaining the rules and procedures to be followed in mediation. With that said, is mediation right for all divorce cases? Not really. Take a look at situations where mediation may not be a good idea.
One Spouse Does Not Want a Divorce
You cannot expect a partner that has refused to admit the marriage is over to negotiate in good faith. If your partner disagrees with your decision to divorce, negotiations will not work. A New York Mediation Attorney will strongly advise you to consider commencing an action for divorce, and let an experienced litigator advocate for you.
You Are Afraid of Your Spouse or Currently Experiencing Domestic Violence
If you are in such a situation, it is wise to consult with a lawyer. Trying to leave an abusive spouse is likely to make situations worse. You might also need a temporary restraining order, and this is not something that a mediator can help you with. Because of this, even if you want to try out mediation New York, it will not work.
A History of Domestic Violence in Marriage
Mediation means couples will be spending hours together in one room trying to work through marital issues. But if there is a history of violence in such a marriage, it is highly likely that one or both spouses will not communicate freely and cooperate. If the abuse happened a long time ago, but you want to give mediation a chance, first consult with a NY Mediation Attorney. A lawyer can walk you through how to defend yourself with confidence and ensure you can freely say what you want to without fear.
There Is an Imbalance of Power
If one spouse has always held more power in marriage in terms of finance or any other issues, mediation may not be ideal for you. Mediation requires both parties to work together on an even playing ground. But when one spouse takes charge of the conversation, bullies the other or withholds important information, there will be an imbalance of power. If you still want to proceed in such a situation, at the very least, hire a meditation lawyer NY. This is a person that will not only give you legal advice but also review the written agreement before signing and ensure you are getting a fair settlement.
Why Hire an Attorney?
Even if mediation is right for you, you should still hire Garden City mediation attorneys. Here is how they can help:
- Prepare you for the mediation session
- Help you with choosing a mediator unless it is the court choosing one for you
- Explain how mediation works
- Advise you when deciding on potential settlements
- Review the final settlement and confirm that all details are in order
- Prepare divorce papers after reaching a settlement
Are you thinking of a mediated divorce? Reach out to Fass & Greenberg, LLP. Our team of attorneys are experienced mediators that work toward a fair settlement for both parties. Give us a call today, and we will help you find a solution outside the courtroom.