Divorce Mediation NYC– A Peaceful Resolution Without Litigation Is Possible
A modern-day divorce is no longer guaranteed to have the same adversarial and war-like approach that it did as little as 15 to 20 years ago. In fact, many marriages now are ended amicably and, most importantly, peacefully with NYC divorce mediation. Paul Rudder has been a matrimonial law practitioner for over 30 years, and is highly experienced not only in divorce, but divorce mediation in the NYC area. His presence not only provides you with representation equipped with the knowledge and experience to present your case properly, but the temperament and patience to help you manage through the emotional turbulence that is standard in almost any divorce. Whether it is in person, or via Zoom due to the current COVID situation, Paul Rudder is available to represent you in your divorce. Schedule your consultation with a NYC Divorce Mediation Lawyer now! Call (212) 826-9900 or click here to contact us online.
What is Divorce Mediation?
Divorce mediation is a form of dispute resolution, and serves as an alternative to the rougher, more adversarial and aggressive form, which is a litigated divorce. Almost always, mediation leads to an amicable split that leaves both parties walking away feeling as though the split is fair and equal. Parenting plans, child support, and division of assets are all issues that can be addressed in mediation, as well as alimony amounts and duration of time. Mediation is ideal for couples that don’t necessarily have the funds to get into a lengthy litigated divorce, or have a simple divorce, which in this context would imply a small amount of divisible assets, and moreover, the parties are not at completely at odds with one another. If the parents can agree on most of the key issues, such as custody, assets and alimony, divorce mediation can be a very expedited and easy process to get to the finish line. However, both spouses need to be willing to voluntarily attend the mediation meetings.
Top Benefits of Divorce Mediation
Divorce mediation in NYC has four key benefits to the families involved:
- Save money: Because there aren’t numerous NYC court dates, and meetings with your attorney in preparation for court, divorce mediation almost always ends up being less expensive than a court battle. With this being the case, couples that don’t have the resources to afford an attorney as representation can turn to mediation to ease the pressure on their budget.
- Less stress on you and your family: Without the confrontational nature of a litigation, especially one that is often seen in a custody battle, parents are able to work out custody issues with their child’s best interests in mind, as opposed to the raw emotion that can rear itself in a custody battle. Mediators are there to help keep the focus on respectful and productive dialogue, and they keep the peace during a time that is usually heated and emotion-filled, which often leads to the process getting stuck as parties attack each other.
- Privacy: Unlike in a litigated divorce, wherein any and all documents submitted are considered public record, mediation offers privacy and confidentiality with your private information. Depending on numerous factors, including a personal preference for privacy, parties may want to use mediation to stay out of the public eye, or at least keep their dirty laundry out of public record.
- Faster: Because the courts are heavily flooded with cases, the speed of a litigated divorce process is often at the mercy of the court’s schedule availability, which usually leaves huge gaps of time between court dates, sometimes as much as 6 months. This not only drags the process on exponentially, but also leaves a lot of time for trouble to brew, as parties can get anxious and impulsive, feeling as if the court has forgotten them, and the need to take control. However, in mediation, the process is controlled by the parties, and that includes the pace at which the process takes place.
The Role A Divorce Mediator Plays In Your Divorce
With Paul Rudder as your NYC divorce mediator, he will work with both spouses to address the core issues that need to be figured out in order to resolve the divorce amicably, equally and efficiently. As you and your spouse work towards ending the marriage, he will be focusing on both of your wants and preferences, and use time-tested methods of fostering communication and cooperation, while bringing his own ideas and opinions to the table to offer to the stressed parties. At the end of the process, he will personally draft you and your spouses’ agreement, as well as all other necessary paperwork needed to finalize the divorce.
The Steps of Divorce Mediation
You will first meet with expert NYC divorce mediator Paul Rudder with your spouse during which he will get an understanding of your particular situation, and use that to detail the groundwork for the next steps. After evaluating the way you and your spouse are able to communicate, as well as assessing the key issues at hand, Mr. Rudder will lay a foundation he believes maximizes the likelihood that the mediation will ultimately reach an amicable and peaceful end.
The next step is information-gathering, which is crucial as it provides all the tangible facts of your case. While you will share a significant amount of information during the first meeting, this step requires more particular information, such as tax returns, bank statements and the like. All of this information helps paint a picture of the marriage, and in turn, Mr. Rudder will begin to outline what the agreement will likely resemble, based on this information. This process involves him educating you and your spouse on the general legal rules that are potentially applicable, such as New York State laws that dictate how assets and debts are to be divided, and how custody and support is decided. This legal information is what his outline is based off, as they are generally implemented with equality and the best interests of the children in mind. This step often takes more than one meeting to be fully satisfied.
The third step has the spouses outlining their reasons for their respective interests, with the help of attorney Paul Rudder to adequately express your ideas and feelings. This step is often referred to as framing, and is key in aiding each spouse to understand the other and their perspective, and reach an amicable agreement. Sometimes, it turns out that both spouses feel the same on a key issue, such as custody or division of marital assets, which can help move the process along. But, as Mr. Rudder will stress throughout the process, the final divorce agreement must be just that – an agreement. Both parties must honestly and fully feel as though the mediation resulted in an equal split, and doesn’t feel as though you signed away rights or interests that you actually care dearly about.
Finally, Mr. Rudder will draft a settlement agreement that will be reviewed by both spouses and, if they choose, with their respective legal advisers. With the agreement in writing and all issues resolved and uncontested, a formal settlement agreement will be organized and signed, and subsequently filed with the court.
Tips for Initiating Divorce Mediation with Your Spouse
You will definitely want to approach your spouse with the idea of alternative dispute resolution, as opposed to divorce. It must be agreed to by both parties. One party cannot force or coerce the other to attend and go through mediation. Research the steps of mediation, as your spouse may not be familiar. Go over how this process is time/money saving compared to litigation and, if children are involved, that it can be less jarring for the family.
How To Prepare For Divorce Mediation in New York – Your Checklist
In preparation of the first meeting, it would be wise to have the following ready, at least on your end, if not by both spouses. These things will help Mr. Rudder evaluate your specific case thoroughly before the more specific information is needed, and give you an idea of the process that is to come. You should have prepared:
- Your perspective of the current state of the marriage,
- Your “story” of how you arrived at this current state
- Basic information, including length of marriage, age of kids, and income
Familiarizing yourself with what is to be expected in the New York mediation process may help lessen the shock and emotion that emerges with ending a marriage. Even removed from the courtroom, this process can be upsetting at some times, as the entire marriage is essentially autopsied, which can cause raw emotion to come up. However, Paul Rudder has successfully worked with some of the most complicated clients and cases, and is sensitive to the vulnerable state that you and your spouse may be in.
What Is A Divorce Settlement Agreement or Mediation Agreement?
A mediation agreement is nothing short of a legal contract between the parties, and is subject to the state’s contract law. It is a binding contract that explains the end of the marriage, and what is to be executed in the future, after the divorce. Any breach of this agreement is treated like any other breach of contract, such as an employment contract.
Common Myths About Divorce Mediation
– Women are at a disadvantage: With the overall goal of mediation being an equal and amicable dissolution of the marriage, there is no inherent disadvantage for either spouse, regardless of gender. With an unbiased and neutral third-party, neither party starts off on the wrong foot.
– Mediation is for those who can’t handle divorce: By participating in mediation, you actually have a firm grasp on your future and the results of the divorce. If anything, you are more involved on a personal level with mediation than you are handing the right of decision making to a judge in litigation.
– No lawyers are needed in mediation: On the contrary, most spouses still want a private attorney, to advise them on the law and what interests they may have in assets or other areas that you may have overlooked. Lawyers are also sometimes necessary at the later stages of mediation, such as preparing the paperwork needed by the court, and coaching during the framing process.