Is Divorce Mediation Appropriate for All New York Couples?

couple in mediation

Often when divorcing, many will do everything possible to ensure they can get the process over with quickly and with as little conflict as possible. As such, many opt for mediation. While it is an ideal option for some, it is not always applicable to all couples. If you’re unsure whether or not divorce mediation is appropriate for your circumstances, you’ll want to connect with divorce attorneys in Nassau County to discuss your options. Keep reading to learn more about circumstances in which mediation may not be best for your divorce.

What Is Mediation?

Mediation is an option that some couples use for their divorce to negotiate the terms of issues like alimony, property division, and child custody. These conversations are facilitated by a neutral third-party entity that will help guide the conversation. Having another person with no bias ensures both sides feel read and represented during these meetings.

Generally, mediation is ideal for couples who do not want the details of their divorce to be public knowledge by going through the courts. Instead, mediation allows you to determine the terms of your divorce, sign an agreement, and begin the next chapter of your life.

When Is Divorce Mediation Not Appropriate?

In some instances, divorce mediation may not be appropriate for your circumstances.

Unfortunately, victims of any kind of domestic abuse or violence should not use mediation. Because this is supposed to be an open conversation in which both parties feel comfortable discussing their wants, the victim of the abuse may not feel comfortable speaking their mind for fear of retaliation. Similarly, if there are any financial or emotional power imbalances in your relationship you likely will not benefit from mediation. This only works when both parties feel represented.

Similarly, if you suspect your spouse of hiding your assets, you may not discover them during mediation. This also means that you may not benefit if you or your partner have a mental impairment or substance abuse issues.

How Can an Attorney Help Me During My Divorce?

If you’re going through a divorce, it’s essential to feel represented and heard. As such, you should consult an attorney to discuss whether mediation is suitable for your needs. Unfortunately, if you go into mediation without an attorney, you may not benefit. As such, you should have legal representation to advise you whether or not this is right for you.

At Barrows Levy, our dedicated and compassionate team will examine your circumstances to determine the best way to proceed with your divorce. If mediation is not appropriate, our dedicated team will help you explore alternative options to help you transition into the next chapter of your life with as little resistance as possible. Reach out to our firm today to learn how we can assist you through this time.

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