Brooklyn divorce mediation explained by a top family attorney Arkady Bukh
Going through a divorce can be extremely stressful and emotionally draining for you, your spouse, and your children. In many instances, the decision to get a divorce opens up a proverbial Pandora’s Box of issues that need to be addressed. If they are not, serious disputes may arise among family members.
Examples of Family Disputes that Can Arise
A family dispute may result from any of the following situations:
- Dividing a Family Business
- Property division
- Pensions and retirement
- Property excluded from division
- Prenuptial agreements
- Grandparents rights
- Domestic violence
When a family dispute arises during any of the situations highlighted above, it is important to be proactive in addressing the matter before it gets worse. Mediation may be an option to consider. In many cases, mediation can be a healing process in an otherwise difficult transition.
What Exactly is Mediation?
Mediation is an informal negotiation process that is intended to address differences between two parties where an unbiased third party attempts to achieve an amicable resolution.
Mediation provides a married couple with the opportunity to design their own process and outcome. In each mediation session, you communicate directly and collaboratively with the guidance and support of a trained mediator. Doing so saves you more time and money (and additional stress) than is possible in the litigation context. This is especially important if you have children, since you are in the best position to determine what is best for your family and will want to do it in the most cost-effective and stress-free way.
At the conclusion of a successful mediation, all decisions and resolution will be drafted into a legally binding “Separation Agreement.” This Agreement may be filed in court and used as the basis for obtaining a valid divorce. All of this can happen without either spouse ever having to go to court.
How Mediation is Different from Litigation
Mediation is quite different from the traditional litigation process. First and foremost, you have more control in a mediation. As mentioned, you and your spouse are able to collaborate on the parameters of the mediation and can set the acceptable terms. With traditional litigation, you have very little control since the dispute will ultimately be resolved in a court of law. This means you are at the mercy of a judge, the court’s schedule, filing deadline, and so forth.
Mediation Can Be Effective, Even If You and Your Spouse are Not on Good Terms
One of the benefits of mediation is that discussions with your spouse are facilitated, in most instances, by a skilled mediator. The mediator will work to ensure that information is gathered and shared, that interests are stated, and that objectives are reached.
Benefits of Mediation
Some of the benefits associated with attempting mediation include:
- Reduced financial strain since you save on court costs, attorneys fees, etc.
- Confidentiality – the vast majority of mediations are confidential as opposed to trials, which are inherently public events.
- Efficiency – most mediation agreements are usually obtained faster than a court ruling.
- Trained Intermediary Focused on Achieving Results – the mediator facilitates meaningful negotiations between the disputing parties and keeps the conversations on track. With an experienced mediator controlling the communications, a productive environment is created for the negotiations.
- No Hard Bargaining – It is important to always remember that the mediator will as a neutral third party between the disputing parties to keep the negotiations focused. As a result, it reduces the possibility of hard bargaining tactics and posturing that are commonplace in traditional litigation.
- Both parties are able to meet at the bargaining table to discuss reaching a settlement.
- Each party is afforded the opportunity to educate and influence the other side.
- Each party gets a chance to look at their case a realistic light and have an idea of what would happen at trial.
Take Action Today by Contacting an Experienced Brooklyn Divorce Mediation Lawyer
If you are embroiled in a family dispute, do not let another day go by where you are stressed, overwhelmed and emotionally drained from the situation. Take action and retain the services of an attorney with the Bukh Law Firm, PLLC.
Our team of skilled attorneys are experienced and dedicated in resolving family legal matters effectively and efficiently.