Mediation: A Lot to Gain, Not Much to Lose

Mediation is a popular process for getting through divorce on decent terms with your spouse. Using mediation can protect your children and your wallet from the effects of a contentious litigated divorce. What are the pros and cons of divorce mediation? 

Mediation is a form of alternative dispute resolution (ADR) intended to create a low-conflict setting for spouses and others to work through their differences while crafting satisfying agreements. 

For couples able to tolerate working together in the same room, mediation is a good path toward divorce for the following reasons: 

• An experienced mediator helps you understand the issues upon which you must agree. You discuss and come to agreements with those points in mind. Minimal time is spent rehashing reasons for divorce and other personal conflict.
• Through mediation, you can state your thoughts and needs yourself or with the help of the attorney in attendance. You and your spouse maintain control of the process and the outcome, unlike a matter moving through the court system.
• The cost of mediation is less in money, time and energy than litigated divorce.
• You lose no rights to pursue litigated divorce if mediation fails or you cannot reach a reasonable agreement with your partner. 

Not all couples are candidates for mediation. While there is always hope mediation might work, it could be a poor choice in cases such as: 

• Couples not on civil speaking terms
• Situations where domestic or other abuse is a factor
• Instances where one partner is a high-conflict personality 

Mediation is not for everyone, but it is a stable path to divorce for most. If interested in working through your divorce with the help of an experienced mediator in New York, contact us at Bryan L. Salamone and Associates, P.C.