These Frequently Asked Questions (FAQs) are meant for general informational purposes only. Couples or individuals looking for more detailed information or recommendations about their specific situation should consult with a professional divorce mediator directly. Additionally, the information in these FAQs or elsewhere on the NYSCDM website or in its literature is not intended to be legal, accounting, financial, or any other type of professional advice. If you need professional advice of any kind, you are urged to contact the appropriate professional.
What is divorce mediation and how does it work?What is divorce mediation?
- The couple meets with the divorce mediator to discuss and reach agreement on all issues that need to be addressed (parenting, financial support, division of assets and liabilities, and tax issues).
- The agreements reached during divorce mediation are put in a written document prepared by the divorce mediator and may be in the form of a Memorandum of Understanding, or a Separation Agreement or Marital Settlement Agreement.
- If the couple decides to finalize their divorce, the documents required for a divorce can be prepared, signed and filed with the Court.
What else should I know about divorce mediation?How is divorce mediation different from litigation?
- Divorce mediation is a cooperative process that addresses each individual’s (and their children’s) specific interests, concerns and needs moving forward. The neutral divorce mediator assists the couple in communicating in order to create a mutually beneficial agreement. The parties have total control over the outcome. Divorce mediation is cost effective, saves time and saves unwanted emotional turmoil for all members of the family.
- On the other hand, litigation is an adversarial process in which both parties retain attorneys to go to court. The parties have little, if any, control over the process and the outcome. Litigation is an expensive and lengthy process wrought with emotional turmoil.
Why should I choose divorce mediation?Why are more couples using divorce mediation as their preferred choice to separate or divorce?
What if I’m facing serious issues; is divorce mediation still an option?Is divorce mediation for everyone?
What about our children?I’ve heard that divorce mediation is easier on families, especially children. Is that true?