What to Consider Before Going With Divorce Mediation

The divorce process does not have to flow entirely through the courtroom. You may be able to settle most or even all of the issues of your divorce through mediation.

However, mediation is not necessarily for everyone. Here are some things to consider before deciding to proceed with mediation for your divorce.

• You both need to be committed: Mediation only works if both parties are willing to give it an honest try. Both parties need to come to the table ready to negotiate in good faith, willing to communicate and cooperate. If the communication between the two of you is so bad you can’t even stand being in the same room as each other, it’s probably not going to work. It will also not work if one spouse is being purposefully obstructive or noncooperative.
• There cannot be any domestic violence history: If you have been the victim of domestic violence in your marriage, you should not consider the mediation process, as there will be a factor of intimidation and power imbalance that will render it completely ineffective.
• It will give you some privacy: One of the big benefits of staying out of the court system is that mediation will give you much more privacy. If confidentiality is important to you both, that may be a motivating factor for you to give mediation an honest shot.
• You should still seek representation: Just because your divorce will be processed mostly out of the courtroom in mediation does not mean you can forego an attorney. You should still seek legal representation so you can protect your legal rights. The mediator is not going to advocate for either of you—they are merely a facilitator.

For more information about what to consider before choosing divorce mediation, contact an experienced Long Island divorce lawyer at Bryan L. Salamone & Associates.