Below are FAQ's about divorce mediation NYC clients have inquired about:
Does Equitable Mediation have a specific mediation process to make sure our divorce goes smoothly?
Yes!
Divorce is an extremely complex issue, with a lot of moving parts. And if you’re not careful, things can get out of hand quickly.
We offer our New York City couples a proven mediation process that helps them complete the steps to divorce in less time, with less stress, and for a lower cost: financially and emotionally.
Learn more about our mediation process and how you can benefit from our “Equitable Difference.”
What if one party wants a divorce, but the other party does not. Can we still mediate?
Unfortunately, in order to use divorce mediation NYC couples must both be in agreement on the decision to end their marriage and work with a mediator instead of an attorney.
If one party wants a divorce, and the other party does not, or if one party wants to use a mediator, and one wants to hire a Manhattan divorce attorney, then using a divorce mediation service will not be an option.
But before you take the drastic step of hiring an attorney, winding up in court, and getting dragged into financially ruinous and emotionally draining litigation, take these steps if you want a divorce and want to use a mediator, and your husband or wife is reluctant to take steps to end the marriage.
How long does mediation take? Is it possible to finish in one mediation session?
Since the number, type, and complexity of issues that need to be resolved will vary greatly from couple to couple, the answer is it depends.
We've had clients resolve all issues and come to agreement in a single mediation session so yes, it is possible.
We find that on average, couples can resolve all issues and come to agreement in 2 to 4 mediation sessions. And don’t forget - the skill of your mediator can also be a significant factor in how efficiently and effectively you move through the divorce process. So choose your mediator carefully!
What issues can a NYC divorce mediator help us resolve?
All of them!
From family matters such as child support and custody and visitation (aka “the parenting plan”), to financial matters such as spousal maintenance and division of assets and liabilities, your divorce mediator will actively guide you to resolution on all issues required for your settlement agreement.
He will then draft these agreements into what is known as a Memorandum of Understanding which will serve as the basis for your Marital Settlement Agreement which is one of the documents filed with the court in order to get a divorce in NYC.
Are family law mediation and alternative dispute resolution the same thing?
Family law mediation is a type of alternative dispute resolution which helps your family resolve all issues required for divorce outside of court. That is, mediation is an alternative to hiring a lawyer and litigating your divorce.
And while a collaborative law divorce is also considered an alternative dispute resolution method, it does require you each to hire an attorney to represent you during the proceedings. And in our opinion, increases the potential of conflict between you, your spouse, and your two attorneys. Putting you on a path to wind up in court – the very thing you probably wanted to avoid in the first place!
