Good communication between people can make many situations in life much smoother. This could be in a business, within a family, between friends and in many other situations. In certain situations, having good communication can be more difficult, however. One of those situations is during a divorce. Generally, the couple is not happy with each other and emotions run high. Therefore, even when the couple does communicate, it is not productive.
That is why divorce mediation can be an effective tool for the couple during the process. In mediation there is a third party neutral mediator there to assist the couple in their communication. The mediator can help both sides understand the other's position and hopefully assist them in reaching an agreement to resolve the divorce.
One thing a mediator does in order to assist the couple is to make sure that both are properly informed about the process and their options. The mediator must at least ensure that the parties have access to financial or medical information that would help form their conclusions. This does not mean that absolutely everything needs to be disclosed, but enough to make an educated decision.
The mediator must also inform each party that they have the right to consult with an attorney before signing any agreement. Attorneys may also be present during the mediation process. Mediators cannot give legal advice, but must make sure that the parties know that they can receive it before agreeing to anything.
Many people in New York get a divorce each year. These can be very emotional and stressful situations for the parties involved. Communication is oftentimes lacking or unproductive, and mediation can be a useful tool for the parties. One thing mediators do is ensure that each party has sufficient information and knows he or she can get independent legal advice before agreeing to anything.
Source: NY State Council on Divorce Mediation, "Model Standards of Practice for Family and Divorce Mediation" accessed on Oct. 24, 2016