Commack Mediation Lawyer
Divorce can be a long and expensive process when both sides are prepared to fight. But for many divorcing couples, they simply want to get on with their lives. There may be a few issues that need to be resolved, but they are both on the same page with respect to ending the marriage in as amicable a manner as possible.
This is where mediation can help. Mediation is an alternative to traditional litigation that allows the parties to reach a voluntary agreement with respect to the legal issues in their divorce, either before or after filing with the court. At the Law Office of Joshua Adam Kittenplan, P.C., our experienced Commack mediation lawyers can help you decide if this is the right process for you and your spouse. We can provide you with independent representation throughout the mediation process as you work to ensure a fair settlement.
Understanding the Divorce Mediation Process in New York
The function of mediation–and the role of the mediator specifically–is often misunderstood. A mediator will not resolve any disagreements that you have with your spouse over money or child custody. Indeed, the mediator has no authority to decide anything for you. Rather, the mediator’s role is to serve as a neutral third party to facilitate discussion between you and your spouse with the goal of reaching a settlement agreement that you can then present to the court as part of obtaining a final divorce judgment.
Mediation is a confidential process. The mediator is required to keep anything you say or any information you provide in strict confidence. (There are some exceptions, such as allegations of child or spousal abuse.) Typically, a mediator will spend some time gathering information about your case and helping you to identify what each side is looking for in a divorce settlement. The mediator will then help each side communicate and negotiate. This process assumes the parties are still capable of communicating and there is no history of violence or abuse.
Ideally, spouses who reach an agreement beforehand can then file for an uncontested divorce with the court. However, even if one spouse has already filed for divorce, the judge can still refer your case to mediation. In fact, court-ordered mediation is often required in certain divorce cases. While you are not required to reach a settlement in mediation, you may be directed to hold at least one mediation session to explore the possibility of an agreement.
Contact Attorney Joshua Adam Kittenplan Today
Agreeing to mediation does not mean giving up your legal rights. You should never feel forced or coerced into signing a settlement agreement against your better judgment. This is why you should continue to work with a qualified Commack mediation attorney during the process. Having your own attorney means there is always someone looking out for your best interests during a difficult period in your life.
So if you need to speak with an attorney, contact the Law Office of Joshua Adam Kittenplan today to schedule a free initial consultation.
