MediationBasics

Mediation- What is it?

One of the types of ADR,or alternative dispute resolution, is mediation. Mediation is a conflict resolution method in which a neutral third party, or mediator, meets with both spouses to resolve issues in the divorce. The mediator does not represent either party, but rather acts as a facilitator to get the parties to resolve the conflicts.

Mediation is a safe space in which each party can air his/her grievances and know that he/she is being heard; each party has an opportunity to discuss what is important to him/her to the mediator, someone who is invested in coming to an agreement. Mediation results in an agreement between the two parties. It can result in either a separation agreement or an agreement that forms the basis of divorce.

Mediation is also used to create a cohabitation agreement, a postnuptial agreement, a prenuptial agreement, or a parenting agreement.

Why Should I Try It?

Mediation gives the conflicting parties control of the situation in solving the dispute. With a neutral third party, both parties ensure that their opinions are heard, and both people can come to a mutual agreement.

A successful mediation will keep the proceedings out of court. This prevents stressful litigation and spending thousands of dollars on fees, all while promoting an amicable dispute resolution.

When the parties are able to discuss what is most important to them, when they feel like their needs are being met, and when they can have the maximum amount of input into the agreement, the agreement instantly becomes more effective and beneficial to the parties in the long run. Parties leave mediation feeling like the agreement is customized to their needs, whether that be changing work schedules, the growing and varying needs of the child, ... This is different from settling issues in a courtroom, which is not always as flexible as an agreement made in mediation.

What happens in a mediation?

Typically, the parties will meet at the mediator's office, a neutral location. All of the work is done at the table, meaning when the parties leave the table, there is no outside communication between the two parties after the meeting; there is no additional work to be done figuring things out.

When you come to Fulop Law for your mediation, you should come to the meeting prepared with all financial information (if relevant). We discuss each issue, taking into account each document that is prepared for the meeting. The needs and interests of the parties are explored beyond what you are verbalizing; this means that we cover all concerns and issues you may have in regards to your dispute. This is a forum where needs, interests, and goals are explored. We try to develop a plan specifically tailored for the parties once we understand the needs, interests, and goals.

What place does the law have in mediation?

So long as the final agreement is in compliance with NYS law, the parties are permitted to agree to basically any terms to resolve their issues. The agreement is a contract like any other, and is respected and upheld in a court of law. It is afforded the same protection and integrity as any other contractual agreement, same as if two lawyers met and drew up an agreement.

How do I try it?

Contact our office for a consultation! We can be reached at 914-948-0945 or at cjfulop@fuloplaw.com.