Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

Confidentiality of the divorce mediation process

When divorces start in New York, the couple can be in very different places in terms of their willingness to accept the process. They also may be in different places in terms of how they would like to resolve the divorce. Especially early on when emotions are running high, people may want to fight everything and not give the other one anything. However, most likely that will not happen and whether a judge orders it or the parties agree, both sides will most likely concede something.

So, it can be beneficial to the parties to at least attempt to negotiate and resolve at least some of the issues on their own. This may be difficult to do though when the parties are simply having discussions between themselves or between attorneys. Couples may be able to reach agreements through divorce mediation. This is a process when the couple meets with a neutral third-party mediator who will facilitate discussions between the spouses.

If couples do go through a mediation, one thing that is important to ensure that the mediation will be useful is that the parties need to be open and willing to discuss their positions and their lives. So, to encourage this openness, divorce mediation is a confidential process. The mediator cannot talk to anyone else about what is addressed in the mediation.

It also means that people can feel free to state their opinions or make compromises and offers. There are a couple of exceptions, though. One is if the couple reaches an agreement or if there are admissions of child abuse. If no agreements are reached, people are not bound by any offers.

Many couples in New York may not believe that they will be able to reach resolutions in their divorce and their only option is to litigate. However, the couple may be able to reach agreements through divorce mediation. To help make the mediation more likely to succeed, mediations are confidential so people are free to openly discuss all issues of the divorce. Experienced attorneys understand the mediation process and may be able to guide one through it.

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Carton & Rosoff PC
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White Plains, NY 10601

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