When you and your spouse decide to file for divorce, it’s important to understand that this can be an incredibly complex process. However, it doesn’t always mean you’ll go through a bitter court battle. If you are going through a divorce, understanding what the process ahead looks like is critical. One thing many are unaware of is whether or not they must participate in mandatory mediation. The following blog explores if this is required in New York, and how a Nassau County divorce lawyer can assist you through these challenging matters.
What Is Mediation?
Meditation is a form of alternative dispute resolution that involves both parties meeting with a neutral third-party entity. This person, the mediator, is there to facilitate conversation between the disputing parties and help them reach an agreement. The mediator is not there to provide legal advice or take sides in the matter.
Mediation, though most commonly used for divorcing couples, is also used for other forms of dispute resolution, like landlord-tenant disputes or conflicts between employees and staff.
Does New York Have Mandatory Mediation?
Mediation is mandatory for divorces in many states. This is also true in New York, as, in most instances, mediation is mandatory for all civil litigations.
In New York, mediation can be mandatory if the couple has no minor children, both parents are employed if they have minor children, or they explicitly request mediation. In many instances, it’s imperative to understand that if there is a power imbalance between the spouses or a history of abuse, the courts understand that mediation will likely not order mediation, as it will not be an effective method because the party with less power in the relationship may not end up with a fair outcome.
The courts generally order mediation because they understand the benefits of this option. Not only does it provide the couple going through the divorce more control over the outcome of their divorce, as they can determine the outcome instead of a judge, but it also helps free up the court system so other cases are processed more quickly and efficiently.
If you and your spouse are going through mediation, you may assume you do not need an attorney to represent you. However, this is far from the truth. In reality, connecting with an experienced lawyer is critical, as they can help ensure the outcome of your mediation is far. They can review your agreement to ensure the terms and conditions reached represent your best interest before you sign this legally binding document.
When you are going through a divorce, the team at Barrows Levy, PLLC is here to help. Connect with us today to learn how we can guide you through these challenging times.
