If you are going through a divorce, one of your main concerns may be keeping the details of the dissolution of your marriage private. Though it may seem impossible, it’s important to understand your options. One of the best choices for those looking to protect their sensitive details is mediation. Mediation is a confidential way to work out the issues that arise during a divorce. Not sure how this works or if it’s right for you? The following blog explores what you should know about this process and why connecting with a Nassau County divorce lawyer can help ensure your best interests are reflected during this matter.
How Does Mediation Work?
Mediation is a form of alternative dispute resolution often mandated in divorce cases due to its effectiveness. For a couple going through a divorce who cannot reach an agreement on certain matters, mediation can be incredibly beneficial.
This process works by having the parties meet with a neutral third-party entity. This person is responsible for facilitating conversations between the opposing parties to reach an agreement on the matters at hand. The mediator cannot take sides in the matter or offer legal advice to either party. Instead, they can guide the conversation and suggest compromises to help resolve the issues at hand.
If mediation is successful, you and your spouse will sign an agreement written by the mediator that includes the terms and conditions you have agreed to. This agreement will then be approved by a judge and included as an official part of your divorce decree.
Is Everything Said in Mediation Confidential?
It’s imperative to understand that confidentiality is a core value of the mediation process and the reason it works so well. As such, you can rest assured that anything said in the mediation session will remain private. For mediation to be successful, both parties need to feel comfortable speaking their mind and expressing their feelings. As such, the information exchanged will not leave the room.
However, like most things, there are some extreme exceptions. For example, if one party admits to child abuse, the mediator is mandated to report this information to the appropriate parties.
The confidentiality of mediation is what makes it so appealing to couples going through a divorce. Your divorce will become a public record, so limiting the information in the report by going through mediation is critical. When you litigate your divorce, anything said or discovered can be accessed by the public. However, your mediation agreement, though part of the divorce decree, will remain confidential. This offers peace of mind for many.
Enlisting the assistance of an experienced divorce attorney is critical, even if you are opting to mediate your divorce. Your attorney can review the agreement to ensure it represents your best interests. At Barrows Levy PLLC we understand how complicated these issues are, which is why we are committed to making these matters as simple as possible for our clients. Contact us today to learn how we can help.
