Can You Use a Mediator in an Uncontested Divorce?
Even though divorce mediation is a form of dispute resolution, it is often appropriate even when no apparent conflicts exist. The New York divorce process is complicated and once a marital settlement agreement is finalized and given legal authority through a judicial order, a substantial revision is very unlikely. With so much at stake, bringing in a professional mediator can be quite beneficial.
Discussions led by a neutral third party during mediation can form the basis of an uncontested divorce. Whatever obstacles might stand in the way of a mutually agreeable solution, you can count on skillful guidance at each stage of the mediation process, such as:
- Collecting information — No matter how friendly or frosty relations might be between divorcing spouses, it’s vital that everyone has complete, accurate information about important facts and pertinent laws. At the outset of the proceedings, a mediator will work with the spouses to gather necessary facts about financial matters, parenting arrangements and future needs. Based on that information, the mediator can advise on how a judge might rule if the issues were brought before a court.
- Analyzing and negotiating the parties’ positions — Though couples might enter a divorce under an assurance that they share the same views as far custody, child support, property distribution and alimony, a qualified divorce mediation professional can make sure that each side fully understands the proposed terms and their potential consequences. If differences emerge, the mediator isolates the conflicts and proposes ways to establish consensus.
- Finalizing the settlement agreement — As lingering disputes are resolved, the mediation professional drafts a settlement agreement that is submitted to the court for incorporation into the eventual dissolution order. Because the agreement is developed based on conversations between the spouses rather than handed down by a judge, each side is familiar with the terms of the document and has a true stake in its success.
Using mediation to facilitate an uncontested divorce not only reduces the costs and stressors associated with New York marriage dissolution but also gives spouses the ability to put conflicts behind them and start the next chapter of their lives in a positive manner.
Solutions Divorce Mediation in Melville assists Long Island spouses when they are seeking the best method to establish appropriate terms for the end of their marriage. Please call 1.631.683.8172 or contact us online to schedule a free initial consultation. Our office is in Melville, New York.