Question 1: What is divorce mediation?
This is the most frequently asked question about divorce mediation. Divorce mediation is a collaborative approach to divorce where a neutral third party, the mediator, assists the couple in reaching mutually acceptable agreements. Click here for more information.
Question 2: Is divorce mediation the right choice for us?
Mediation can work for almost any couple and offers many advantages to traditional divorce proceedings. The mediation process empowers couples to advocate for themselves, allowing them to work together to craft the terms of their agreement.
Question 3: How does the mediator’s role differ from that of an attorney?
Mediators do not provide legal advice but facilitate communication and negotiation between the spouses with the goal of reducing stress and saving couples time and money.
Question 4: What issues can be mediated?
Common topics include property division, child custody and visitation, child support, alimony or spousal support, and any other issues specific to their situation.
Question 5: How long does divorce mediation take?
The duration of mediation can vary widely depending on the complexity of the case and the willingness of both parties to cooperate. Couples should have realistic expectations regarding the timeline. The average amount of time at Bates Family Law is between 2-4 hour long sessions.
Question 6: What are the costs associated with divorce mediation?
Multiple nation-wide surveys estimate the average cost for a divorce is $12,900, per person. Bearing in mind that the average divorce mediation costs, along with the uncontested divorce fee through Bates Family Law, ranges between $3,500-$4,500 per couple, there is a significant benefit to divorce mediation. For most couples going through a divorce, saving as much money as possible is of utmost importance considering that the same income the family previously used to support one household, will now have to support two.
Question 7: Do we need to hire attorneys for mediation?
While not mandatory, many couples choose to consult with attorneys during the mediation process to ensure their legal rights are protected. Mediators do not provide legal advice, so having legal counsel can be beneficial.
Question 8: What happens if we can’t reach an agreement through mediation?
Couples may be concerned about what happens if mediation fails. In such cases, they can explore other options, including arbitration or traditional litigation, to resolve their disputes.
Question 9: Is divorce mediation legally binding?
Divorce mediation in New York is not legally binding, so it offers couples a low-risk alternative to the traditional divorce. The difficult part in most cases is getting couples on the “same page”. Once they agree, the easy part is making that agreement legally binding.
Question 10: What if one party is uncooperative or unresponsive during mediation?
Mediation relies on both parties’ willingness to participate and engage in productive discussions. If one party is uncooperative, the mediator can help address the issue, but resolution may become more challenging.
Question 11: Can we mediate if there’s a history of domestic violence or abuse?
Safety concerns are paramount. In cases of domestic violence or abuse, mediation may not be appropriate. Couples should prioritize their safety and consult with professionals who specialize in handling such situations.
These frequently asked questions about divorce mediation reflect the concerns and uncertainties that couples may have about divorce mediation. To get more details or to find out if divorce meditation is the right path for you, take our online quiz or call Bates Family Law today at (585) 433-4661 to speak directly with our divorce mediator and to schedule your free consultation.
