Traditional divorce litigation is often a drawn-out and expensive journey. Costs can accumulate quickly due to court appearances, disputes, attorney meetings, and more. Mediation may offer a more cost-effective alternative. If you’re wondering whether mediation can lower your divorce costs in New York, continue reading for more information. Consult with a knowledgeable Long Island divorce mediation lawyer to discuss your case with a skilled professional today.
What is Mediation?
Mediation is a voluntary and confidential alternative dispute resolution (ADR) process that is designed to help disputing parties resolve issues without the need for litigation. During sessions, a neutral third party known as a mediator facilitates negotiations by guiding communication and helping parties explore creative solutions.
When it comes to a divorce, spouses can negotiate the terms of a settlement agreement in mediation in an attempt to resolve various issues, including property division, alimony, child custody, and child support. Many New York courts encourage mediation in divorce and custody disputes.
The mediator does not have any decision-making authority and does not impose a solution like a judge or arbitrator would. Their role is to help the spouses navigate productive conversations, ensure both voices are heard, and help come up with unique solutions that fit the family’s needs. Once an agreement is reached, the terms can be drafted into a written settlement agreement that can be submitted to the court for approval. If mediation is unsuccessful, the case will generally proceed to litigation.
Can Mediation Lower My Divorce Costs in NY?
Traditional litigation can be costly due to its adversarial nature and the complex procedures that must be followed. In New York, divorce cases that go through litigation typically take 12 to 18 months, though many complex cases can take several years to resolve. Court appearances, discovery disputes, meetings with attorneys, motion practice, trial preparation, and more can add up to tens of thousands of dollars or more.
By resolving issues through mediation, spouses can:
- Reduce attorney billable hours
- Eliminate certain filing and court costs
- Avoid the need for expert witness expenses
- Minimize time spent in litigation
Mediation is often faster than a trial, which can significantly lower overall legal fees. If you are looking to save money during your divorce, it is worth looking into mediation.
Is Mediation Right for My Situation?
Although mediation is often less expensive than litigation, it’s important to determine which option is best for you. Mediation tends to work best when both spouses are willing to negotiate, want to retain control over the outcome of the case, want to maintain privacy, and when communication can remain relatively respectful.
However, there may be certain times when litigation is the better option. Situations involving extreme conflict, domestic violence, hidden assets, complex business disputes, or a refusal to compromise will generally benefit from the structure and formality of a trial.
To learn more about whether mediation is right for you, reach out to an experienced attorney at the Sklavos Law Group, PC today.