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The Basics of Mediation
Mediation is a tested, sensitive, intelligent approach to the resolution of separation, divorce and custody disputes in an agreeable joint effort. It offers divorcing couples a more effective and humane alternative to the traditional adversarial process. With the help of a trained professional mediator, couples in mediation work out their settlement based solely on the needs of the couple and their children; NOT on blame or fault.
Mediation is not intended to resolve past conflicts that may have led to the decision to separate or divorce. If that is our goal we would switch to marital counseling. Mediation is a process that seeks to explore options for both the husband and wife, so that they may put the past behind them and concentrate on the present and the future of their lives and that of their children.
Experience has indicated the settlements reached through Mediation are completed more quickly, and are more likely to be honored by both parties (80%), than those reached through the traditional adversarial process (22%).
While the process is "non-legal", understandings are reached on all issues necessary for a Separation Agreement or a Divorce in a confidential setting. All laws, acts, guidelines, of the State of New York are followed. The mediator prepares a plain language MEMORANDUM OF UNDERSTANDING setting forth all the terms worked out by the couple for a separation or divorce with the exception, of legal language and signatures. The couple may then submit the Memorandum of Understanding to, their attorney(s) one attorney shall prepare a formal, legally binding Separation Agreement which is then reviewed by the other attorney for accuracy with the mediated Memorandum of Understanding. This legally filed Separation Agreement may also be used as the basis of a Divorce 12 months plus 30 days (New York State) in the future.
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