Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

Why divorce mediation can be a good alternative to litigation

As many New York couples know, marriage is not always easy. There are certainly many bumps along the way. Sometimes those bumps are too difficult to overcome and the couple ends up in divorce. This can be a very difficult process. Eventually the people may be better off apart, but getting through a divorce can be difficult, both emotionally and financially.

Litigating a divorce can be very ugly as the parties may still be angry with each other and want to make sure the other side gets as little as possible. Oftentimes when a couple litigates in court they do not have great incentives to compromise and are willing to allow a judge to make a decision for them. This takes the control out of the hands of the parties involved and they are stuck with the judge's decision, whether they like it or not.

That is why divorce mediation can be an attractive alternative to litigating a divorce. People who go through a divorce mediation have found there are a number of benefits. It can be less costly and less time consuming than litigation. It can also encourage cooperation and can improve communication between the parties. This can be beneficial as then the parties can take control over what happens in the divorce and can also help parents focus on what is best for their children, which can help the children emotionally as well.

Divorce is relatively common in New York. However, each divorce is unique and each one is handled differently. Many divorcing couples have found that mediation can be a beneficial alternative to litigation for a number of different reasons. Oftentimes the most beneficial aspects are that it can help improve communication, which can be beneficial well after the divorce is complete as well, especially if the couple has children.

Source: NY State Council on Divorce Mediation, "Divorce Mediation" accessed on June 28, 2016

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