Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

The parties still make the final decisions in divorce mediation

There are many reasons for why people in New York end their marriages in divorce. While some reasons may be much worse than others, going through the divorce the reason for the divorce does not always affect the outcome.

Regardless of the reason for divorce, people still need to make major decisions on how they will split up their life. Also, regardless of the reason, there will most likely be some bad feelings between the parties while they do this. This can make the process much more difficult, but the determinations must still be made prior to finalizing the divorce. The parties generally have two options to accomplish this goal: they could either have a judge decide or they could reach agreements on their own.

Many people may start the process feeling like that only a judge can make the decisions because they are so far apart on many issues. However, divorce mediation can be a very effective tool to help the couple reach agreements. Mediators are trained to assist in the decision-making process by helping each side understand the other's position. This can really help the couple resolve their differences, but ultimately the parties make all the final decisions. So, the parties can make offers and counteroffers and decide what is in their best interests.

Divorce is generally not an easy process for people in New York. It is not easy to split a shared life into two separate lives, especially when people are upset with each other. That is why divorce mediation can be an effective tool. The mediator can help take some of the emotional aspects out of the decision-making so that the parties can focus on the actual decision-making. This includes letting the parties know they can consult with attorneys prior to making any decisions.

Source:, "Standards of Conduct for New York State Community Dispute Resolution Center Mediators" accessed on January 29, 2018

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