Carton & Rosoff PC-Attorney at Law
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Resolving disputes creatively

Who makes the decisions in a divorce mediation?

During a marriage in New York, couples usually find that it is very beneficial to work through disputes with their spouse and to compromise on things. This makes the relationship run smoothly and helps the couple have a healthy marriage. When couples divorce, they no longer have any interest in making the relationship work and in many instances they no longer feel the need to compromise. This can make the divorce a very rough process.

When a divorcing couple finds themselves in this situation, oftentimes divorce mediation can be an effective tool for the couple. It can also save the couple both time and money to mediate as opposed to litigate all the issues. At a mediation there is a third-party in a neutral role whose job is to assist the couple in working through the issues that they cannot resolve on their own.

However, the mediator does not make any decisions for the couple. Ultimately, the couple makes all the decisions as to how they will resolve the divorce. The mediator will try to help each spouse see the other one's position on specific issues in order to help facilitate settlement, but the mediator does not put any influence on a party to agree to certain terms. Also, the mediator is there to ensure that the spouse making a decision is doing so freely and voluntarily, and that the spouses know that they can seek the advice of legal counsel so they truly know what they are agreeing to.

Many couples go through divorce each year in New York. Many times the couple cannot resolve all of the issues on their own. Divorce mediation can help in that process. At the mediation the mediator will assist in the process, but ultimately the couple will make all the decisions. It is important that a person knows what they are agreeing to in order to ensure that they believe that the decision is in their best interest.

Source: nycourts.gov, "Standards of Conduct for New York State Community Dispute Resolution Center Mediators" accessed on July 25, 2016

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