Understandably, you likely want to keep your divorce proceedings a private matter amongst you, your spouse, and your immediate family members. You may find it impossible to achieve this with the court intervention necessary for your litigated proceedings. However, to improve your chances of this, you and your spouse may forgo these court proceedings and handle your divorce exclusively through mediation sessions. Please continue reading to learn whether mediation sessions are supposed to be kept confidential and how an experienced New York City divorce mediator at Zimmet Law Group, P.C. can help you feel comfortable and protected throughout this alternative dispute process.
Are mediation sessions supposed to be kept confidential?
By New York State law, your mediation sessions are supposed to be kept confidential. That is, your hired, neutral, third-party mediator is not permitted to disclose anything discussed during your and your spouse’s mediation sessions. At most, they should only inform the family court that the mediation sessions took place and that an agreement on all your divorce-related issues was reached. Importantly, the specifics of how your child custody, child support, spousal support, and property division were settled should not and cannot be mentioned. Now, the only exception to this rule is if the mediator finds it necessary to give the court evidence of your mediation sessions for any of the following reasons:
- Your mediation sessions revealed that abuse or neglect of your shared child was taking place during your marriage.
- Your mediation sessions revealed that one of you allegedly participated in financial fraud during your marriage.
- Your mediation sessions revealed that one of you allegedly committed a criminal act during your marriage.
- Your mediation sessions revealed that one of you was coerced or manipulated into attending.
- Your mediation sessions revealed a potential legal conflict with a third party.
What are the other benefits of mediation sessions?
You may breathe out a sigh of relief in knowing your mediation sessions will remain confidential. This is because you may take a candid approach with these sessions and speak freely about your issues and desires to resolve them, without fear of public opinion or embarrassment. Further, the other benefits that come with this alternative dispute resolution are as follows:
- You and your spouse may be able to maintain an amicable relationship post-divorce, for your children’s sake.
- You and your spouse may schedule these sessions at your convenience, and start and stop at any time.
- You and your spouse may maintain control over how your divorce-related issues are settled.
- You and your spouse may save time and money by bypassing the court system.
If you find yourself at a crossroads, please seek the sound advisement of one of the skilled New York City matrimonial and family law attorneys. Someone at Zimmet Law Group, P.C. will stand by your side at a moment’s notice.
