Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

Confidentiality of divorce mediation in New York

The beginning of marriages generally are very good times for the couple and both people are very happy and excited. The end of a marriage tends to be the exact opposite. People are angry with each other, emotionally hurt, unwilling to work on various issues and can be very hostile toward one another. Despite all these emotions, major decisions still need to be made during the divorce, which can be difficult.

That is why divorce mediation can be a very beneficial process for the couple to assist them in resolving divorce issues. They will meet with the mediator who will help the parties see the other person's viewpoint and work toward a resolution, as opposed to disagreeing just for the sake of disagreeing. Mediators can also help people work through the emotional aspects and try to have them see what is best given the situation.

Divorce mediation is also confidential. This is to encourage both people to be open in the mediation and not be afraid to say certain things because they may feel they lose the upper hand or are embarrassed. What is said in the mediation stays in the mediation. Mediators are required to keep everything confidential except in very rare circumstances. These include if they feel a person is in immediate danger to themselves or others. They may also be subpoenaed, but mediators should not give information unless there is a court order requiring them to do so.

Divorce mediation can be a very effective way of helping people in New York to get through all of the important issues that can arise during a divorce. There are many benefits of mediation such as the fact that they tend to resolve the divorce quicker and more amicably, but another one is that the whole thing is confidential. People are free to say what they want without others finding out about it. Anyone in New York who is going through a divorce may want to consider learning about mediation.

Source: NY State Council on Divorce Mediation, "Model Standards of Practice for Family and Divorce Mediation" accessed on May 31, 2016

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