New York Divorce Mediation Attorneys

In divorce, there are no winners and there are no losers. Everyone involved is seeking a resolution that leaves them feeling secure and free to move forward in life unencumbered by the past.

However, family law matters rarely resolve themselves without conflict. There is tension between your needs and the needs of your spouse, partner and children. Many couples recognize this tension, anticipating a breakdown in communication and cooperation. For that reason, they choose to pursue an adversarial process, perhaps even taking their matter to court.

If you are hoping to avoid this adversarial process and work through the details of your divorce in a constructive manner, there is another option: mediation.

What is divorce mediation?

Mediation is a voluntary process by which couples going through a divorce negotiate and resolve the terms of their divorce in a non-adversarial forum, usually with the help of a professional mediator.

In mediation, the mediator fosters a healthy and constructive discussion between you and your spouse to find areas of compromise, ensuring that each party's needs are evaluated and discussed.

For many couples, the thought of going through a divorce is a cause of great anxiety. The costs, both personal and financial, can be emotionally taxing. Mediation provides an alternative that leads divorcing couples to resolve the financial and practical issues that they face.

Perhaps more importantly, mediation provides a catharsis for spouses, providing a bridge between two individuals who have grown apart. In mediation, you and your spouse make decisions together. You will have a chance to share your perspective and have a better understanding of how your spouse views the situation. Of course, you will not always agree with your spouses point of view, but you will have the information needed to make rational decisions as they relate to your separation.

In mediation, your impartial mediator will help you and your spouse make decisions about future parenting arrangements, child support, property distribution, and spousal maintenance. Once you have resolved all the issues, your attorney will create a separation agreement. This agreement is a binding contract which will be filed in court and incorporated in the divorce decree.

Do you need an attorney in mediation?

Even if you do not pursue a divorce through the adversarial process, you should still consult a family law attorney to ensure your interests are protected in mediation. Lawyers commonly participate in the mediation process and are consulted at the end of mediation prior to the signing of a mediation agreement. Your attorney will guide you through the mediation process, review the terms that you are negotiating with your spouse and ensure that your needs will be met.

At WertherimerLipton, we frequently work with individuals seeking divorce through mediation. We recognize that our clients are often in the best position to make important decisions about their finances and family obligations. Still, divorce can be a complex process where competing interests block the way for resolution. We work diligently to ensure that your interests are being protected every step of the way.