How Does Mediation Work In New York Divorces?
In New York, mediation can work in one of two ways, the first of which involves the associated parties contacting a mediator on their own to initiate the process. Mediation can resolve numerous different issues, including asset distribution, custody disputes, visitation, and a several other complications that might otherwise require litigation.
Another way to engage in mediation is by referral, where both parties file a divorce case before being referred to a mediator by one or both attorneys handling the case. This is a common approach, as it helps to limit the accrual of marital assets in favor of the moneyed spouse.
This will allow both you and the other party to file your divorce case and keep your attorneys retained on the side while you attempt to handle your case through mediation. While I can’t speak for upstate courts, this is generally the protocol in the greater New York City area.
What Is The Role Of A Mediator In An Uncontested Divorce?
In an uncontested divorce, your mediator can potentially resolve every single issue aside from terminating the marriage, which will be handled by your attorneys. A successful mediation will result in a settlement agreement, or stipulation of settlement, that will look identical to the settlement agreement” your attorney would otherwise produce in the same situation. There is no difference between whether a mediator or your attorney handles your settlement agreement.
When mediation is successful, both parties will save money since you will not need to retain two attorneys (one on each side) to review and draft settlement agreements. However, an unsuccessful mediation could end up costing both parties even more money than you would have spent by cutting out the mediation process altogether.
Overall, mediation can be a gamble that is ultimately based on whether you think you can reach an amicable agreement with the other party involved.
Do Both Spouses Need To Agree To Mediation?
Mediation cannot be forced in New York, even by the order of a Judge. If you or the other party do not agree to mediation, the Judge will be unable to force you into mediation or draw any inferences against someone who would rather not engage in the process. This is your right, and refusing mediation cannot be held against you.
How Do I Prepare For Divorce Mediation Sessions?
In the same way you would prepare to meet with your attorney to go over the terms of settlement in your uncontested divorce case, most mediators will require you to fill out a questionnaire to provide them with any relevant information. This questionnaire could cover things such as your assets, debts, and net worth that will come in handy when settling your divorce.
While this is not always required, you will want to thoroughly fill out any questionnaires and provide any necessary information in the same way you would to your attorney. This will help to facilitate smoother negotiations between both parties, ensuring a middle ground can be reached based on the demands of both you and your spouse.
Attorney David Bliven is a seasoned lawyer based in White Plains, NY, who has helped countless clients just like you navigate the intricacies of divorce law. With nearly 30 years of relevant legal experience, he is prepared to guide you through the mediation process so that you can move forward from your divorce while avoiding any significant complications.
Still have questions? Ready to get started? Contact the Law Offices Of David Bliven today to schedule an initial consultation.
What Happens If Mediation Fails In An Uncontested Divorce?
If mediation fails, both respective attorneys will need to step into the mix to negotiate a settlement agreement. You will need to inform your attorney of where you left off in the process, outlining any impasses that can potentially be worked through. I have even been successful in helping clients reach settlements when mediators have failed to do so.
Mediators are limited in the sense that they are not there to make personal suggestions (or recommendations) like an attorney would. This is not to say an attorney can always settle your case, as the courts will generally push to file for a contested divorce within four months. This means that after going through mediation, the attorneys will only have a month or two to negotiate a settlement before they are supposed to contest the case.
What Qualities Make A Mediator Effective In Facilitating A Smooth Uncontested Divorce?
Primarily, it is important to work with a mediator who is sensitive and receptive to both sides, keeping an open mind toward breaking impasses and finding resolutions.
For example, a poor mediator would say there is nothing they can do if a couple cannot reach an agreement on shared physical custody of a child and refer both parties back to their attorneys. However, an effective mediator will attempt to drill down into the deeper issues surrounding shared custody.
After the impasses have been identified, a good mediator will be able to assist both parties in reaching an agreement that addresses the concerns of both sides.
For instance, if a mother is concerned about a child’s ability to do homework when they are staying with their father, a good mediator will work to establish a schedule that splits time appropriately to reach an agreement. This could mean that the child spends more time with their father during breaks from school and more time with their mother during the school year.
How Do You Select Or Recommend Mediators For Your Clients?
Generally, I will refer my clients to mediators that I am familiar with if they ask for my recommendation. There is a list of court-approved mediators in every county, but you only need to go off that list if you are being referred to mediation by the court.
Otherwise, you are free to retain anyone who calls themselves a mediator. That said, there are a few things to keep in mind when selecting a mediator.
First, I would recommend that your mediator be a licensed attorney who is also a certified mediator. Mediation certifications are awarded after completing a 48 or 60-hour course, and I would highly encourage you to ensure that the attorney you select as a mediator displays their certification to you. While this certification is not a requirement, you could be rolling the dice by entering into mediation with someone who is not certified.
What Role Do You Play In Ensuring The Mediation Process Is Productive?
Often I am retained as an individual attorney during the mediation process, meaning I largely take a back seat and allow the situation to play out. I will always make it clear to my clients that while it is not a requirement, it is recommended to report back to me after your mediation sessions to discuss what occurred during your sessions and whether it is in your best interests.
While we are reviewing the case during the mediation process, I help my clients prepare the proper records and documentation to streamline negotiations and promote transparency. This could include preparing financial records, drafting formal net worth statements, and answering questions regarding assets and debts.
Still Have Questions? Ready To Get Started?
For more information on Mediation For Uncontested Divorce, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (347) 797-1188 today.