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Resolving disputes creatively

Divorce mediation can be a cheaper option than litigation

Sometimes, couples in New York are not able to work through arguments or a series of arguments and no longer want to continue the marriage. In these situations, the couple may end up in divorce proceedings.

Some couples are able to resolve everything in a divorce by themselves, but this is not true for most divorces. The couple will need some assistance in determining custody, parenting time, child support, dividing their assets, determining if one will receive alimony and other issues that may arise. The couple has different options about how to obtain assistance. They could litigate the divorce and eventually have a judge decide at a trial or they could use divorce mediation to reach agreements.

While some couples will never be able to agree and will end up in trial, many others will be able to resolve their differences in mediation, which can also be a much cheaper option. When a couple goes to trial, people need to gather exhibits, hire experts and attorneys cost can rise quickly. On average, divorce mediation costs approximately 40 to 60 percent less than litigation. Also, since the couple end up cooperating to reach agreements, it can lead to less arguments later on and therefore less legal costs to modify the divorce decree.

Divorce is never an easy time for couples in New York, but how the couple decides to proceed will determine how difficult the process is and how much it will cost. Divorce mediation can be a cheaper option in many situations and can also lead to more cooperation. However, there are still many legal issues that one should be aware of and experienced attorneys may be a useful resource.

Source: www.americanbar.org, "Benefits of Mediation in Divorce Cases" Holly Clemente, accessed on February 26, 2018

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