Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

Who makes the final decisions in a divorce mediation?

During a marriage in New York, couples will have disagreements about various issues that arise or simply get on each other's nerves from time to time. The couples usually are able to work through these disagreements, but that is not always the cases and many couples go through divorces each year. The divorce usually results in even more disagreements about how the couple will divide their assets, decide custody and visitation with their children, determine child support and other issues.

Couples going through divorces have different options on how to resolve these disagreements. They could present their side to a judge and have the judge make all the decisions. They could use the collaborative divorce process and work with attorneys to try and reach agreements. They could also use divorce mediation. This is a process in which the couple would meet with a third-party neutral mediator who will facilitate discussions between the couple and will guide them through the various issues that must be resolved.

However, the mediator only facilitates discussions and will help each side understand the other's position on the issues. The couple will still make all of the final decisions for resolution of the divorce. So, the parties decide whether there are willing to compromise on certain issues and how much there are willing to concede in order to reach agreements for the divorce. The mediator may reduce any agreements to writing as well, but the couple still are the ones who submit the written agreement to the court so a judge can officially divorce the couple.

Sometimes couples in New York cannot stop a divorce from occurring, but they can control how the issues of the divorce are resolved. This is only accomplished though if the couple is able to reach agreements. This can be difficult to do initially given the emotional side of the divorces, but through divorce mediation the couple may be able to with the assistance of the mediator. Understanding the law is still important though even in divorce mediation to better understand their position and experienced attorneys may be able to guide one through it.

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Carton & Rosoff PC
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