Is Divorce Mediation an Option for You?
If you seek less conflict and more solutions in your divorce and child custody arrangements, divorce mediation may be an option. However, it will only work if you are willing to work with your spouse to find what works for both of you.
Your chances of a successful mediation increase if most of these statements are true for you and your spouse.
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You agree to divorce: Contested divorces are not ripe for mediation. However, if you both believe the marriage is over and it is time to go your separate ways, you can likely discuss property and child custody and find solutions rather than argue. Mediation is an excellent tool for finding commonalities and compromise when both parties wish to move on.
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You agree on child custody terms: Designing parenting plans is challenging. If you and your spouse are willing to set aside differences to act in the best interest of your children, then mediation facilitates discussion about co-parenting. Also, your mediator can offer ideas if you and your spouse disagree.
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Both of you are forthcoming on finances: Even if you maintain separate accounts and plan to keep them that way, you still need to disclose your financial information. This step helps each spouse make an informed decision and come to a fair settlement. Full disclosure is even more essential if one spouse handled most of the finances and knows more about assets and liabilities.
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There is no history of domestic violence: Mediation only works when parties interact as equals. The power and control dynamic in abuse situations are not conducive to mediation. It may even cause more trauma to the domestic violence victim, and too often, the victim agrees to a settlement out of fear. Most mediators will not take domestic violence cases because it is too difficult to gauge whether intimidation is the primary driver in compromise.
Contact the experienced Long Island divorce lawyers at Solutions Divorce Mediation if you determine that divorce mediation is right for you.