FAQ's |
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How is divorce mediation different from arbitration? How much will divorce mediation cost? Why is mediation better than going to a lawyer? If I use divorce mediation, will I need to go to court? Will I need a divorce lawyer? Does the mediator meet with both spouses together or separately? Can my spouse refuse to go through mediation with me? How can I convince my spouse to go through divorce mediation? How much do you charge for your divorce mediation services? I am not sure divorce mediation is right for me, what should I do?
The divorce mediation process is one in which you, your spouse, and a neutral, court-approved third party will communicate during scheduled meetings to negotiate the terms of your divorce in a collaborative manner.
How is divorce mediation different from arbitration? A mediator’s goal is to help two individuals mutually resolve their issues, whereas an arbitrator is only required to listen to the particular case at hand. However, an arbitrator – just like a judge in many cases – can recommend that both sides try to resolve their issues without a trial, given what the arbitrator already knows about the case.
How much will divorce mediation cost? Divorce mediation costs will depend on how many hours it takes for you and your spouse to arrive at a mutual agreement for each of your issues. You can ask your chosen divorce mediator to give you a rough estimate of the anticipated cost for your particular case before you begin the mediation process. In order to give couples an estimated price quote, I provide free consultations at my New York office.
Why is mediation better than going to a lawyer? Mediation is a better alternative for couples who wish to end their marriage based on mutual agreement. If this is the case, divorce mediation will take less time, cost less money and will result in a more solid arrangement between you and your spouse. Divorce mediation can be especially beneficial in cases where you and your divorcee must remain connected after your separation (for the sake of your children or any other reason) because it eases your communication with one another, and fosters a more collaborative relationship.
If I use divorce mediation, will I need to go to court? Will I need a divorce lawyer? In the vast majority of cases, divorce mediation allows you to bypass court cases and the need for divorce lawyers. However, in the event that divorce mediation does not achieve mutual agreements between you and your spouse, then court cases and/or divorce lawyers may be necessary. Many people feel more comfortable having their own attorneys to accompany the divorce mediation process to ensure their best interests are being met. If this is the case, it will be your personal decision to do so.
Does the mediator meet with both spouses together or separately? Depending on your specific situation and on the mediator’s techniques, you may meet with your divorce mediator separately, together, or a combination of the two. This is something you should ask your divorce mediator in advance so that you are comfortable with the process he or she wants to use.
Can my spouse refuse to go through mediation with me? Yes, your spouse can refuse to go through mediation with you. Unfortunately if this is the case, you will have to seek out other alternatives involving divorce lawyers and court cases.
How can I convince my spouse to go through divorce mediation? You can try your best to communicate the benefits of divorce mediation and encourage your spouse to undertake the process with you, but you must remember that divorce mediation works best when both spouses are able and willing to communicate collaboratively with one another to reach mutual agreements. If your spouse is uncommunicative and reluctant, no amount of convincing will make the mediation process successful.
The time it takes to reach an agreement through divorce mediation will vary according to your specific case, and according to your ability to communicate with your spouse. In most cases, divorce mediation will take somewhere between 6 and 12 hours.
How much do you charge for your divorce mediation services? My divorce mediation charges will vary from case to case. However, please contact me for a rough outline of my pricing structure.
If you are unsure of whether or not divorce mediation is right for you, schedule a free, no- obligation consultation with me. During the consultation I will take the time to learn about your situation and give you my professional recommendations.
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Manhattan Mediation Office
233 5th Avenue - Suite 4A
New York, NY 10016
Brooklyn Mediation Office
120 Garfield Place
Suite A6, Brooklyn, NY 11215
Lora and John
Brooklyn, New York |
Although the benefits of divorce mediation are overwhelming, this path is not necessarily suitable for all divorcing couples.
The following checklist will help you determine if you and your spouse can use divorce mediation.