Divorce can be overwhelming, both emotionally and financially, especially when couples face drawn-out litigation, repeat court appearances, and disputes regarding finances, child custody, or support obligations. Many spouses wonder whether mediation can lower costs during a divorce. To find out and secure the help of a skilled legal professional, continue reading and consult with a New York City divorce mediator today.
What is Mediation?
Mediation is a voluntary and confidential dispute resolution process. During sessions, an impartial third party (the mediator) assists disputing parties in communicating, negotiating, and reaching a mutually agreeable resolution.
The mediator does not take sides, offer legal advice, or give input on who is “right” or “wrong.” They should be completely neutral. The parties involved maintain control over the outcome of the situation. The mediator does not have any decision-making authority, giving the parties the right to accept or reject solutions.
Communications made during mediation are generally confidential and may not be used later in court, although limited exceptions can apply under New York law. Mediation can be used for a variety of reasons, and has risen in popularity for divorcing spouses.
Many spouses benefit from mediation as it allows them to collaborate on unique solutions that suit their family’s specific needs. Mediation sessions can address property division, debt allocation, child custody, parenting schedules, child support, and alimony.
Can Mediation Lower My Divorce Costs in NYC?
Yes, mediation may lower your divorce costs and is often less expensive than litigation. Traditional divorce litigation may involve:
- Numerous court appearances
- Discovery disputes
- Depositions
- Motion practice
- Trial preparation
- Expert witness fees
- Significant billable attorney hours
Mediation often reduces the need for extensive litigation, which can lower overall legal expenses. Negotiation sessions also often resolve much more quickly than a trial, as they eliminate the need to wait for court times to become available. The faster the divorce is finalized, the less expensive it generally is.
What if Mediation is Unsuccessful?
While mediation is often beneficial and cost-effective, it’s important to understand that it does not always work or save money. Mediation may fail if one or both parties refuse to cooperate or if financial information is hidden. When this occurs, repeated sessions may be required, and litigation may eventually become necessary. If the case proceeds to litigation, the judge will ultimately decide unresolved issues involving property division, custody, support, and other contested matters.
If mediation fails and the divorce proceeds through traditional litigation in court, it could wind up actually increasing your overall expenses, as you will bear the burden of paying for the mediation sessions in addition to the court costs you were trying to avoid.
Mediation is not right for every couple. Cases involving domestic violence, intimidation, hidden assets, or severe breakdown of communication may benefit more from formal litigation. If you have questions or concerns regarding mediation, reach out to a skilled lawyer at Zimmet Law Group, P.C. today.
