Divorces in New York can be much more complicated than one may assume when they start the process. Some people may be focused on a couple of big issues, such as child custody and support, without realizing that there are other issues that may be just as complicated, such as asset division. They may also think that they are in for a big fight and will need to litigate the whole case. However, this is not necessarily true either. Couples can utilize divorce mediation to help them reach agreements.
Divorce mediation is a process in which a third party neutral mediator works with the couple in a meeting to facilitate negotiation between the parties and, hopefully, reach agreements. This can be an effective and less expensive way to resolve the divorce. However, in order to be effective, the mediator must have knowledge of all areas of a divorce to help the couple through their disagreements.
Therefore, divorce mediators must have knowledge about how conflict affects families, both immediately and in the future. They must also understand child development and be able to understand how culture and diversity plays a role in decisions.
They also need to have knowledge of family law and the divorce process. This knowledge of family law is more than just a basic understanding. They must have thorough knowledge of child custody, parenting time, child support, asset division, alimony and other issues that can affect those determinations.
Many people in New York get divorced each year. Some of these couples will not be able to reach agreements and will ultimately need a judge to decide for them. However, many others find that divorce mediation is a very good alternative and can help them resolve the divorce. Ultimately the couple must know the law as well when making decisions though and experienced attorneys may be a useful resource.
Source: NY State Council on Divorce Mediation, "Model Standards of Practice for Family and Divorce Mediation" accessed on Oct. 30, 2017