Divorce Mediation Long Island, NY: Expert Divorce Mediator Services
Save Time, Money & Stress: Mediate, Don't Litigate Free Consult631-923-1910In this Article:
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- What Is Divorce Mediation?
- How Does Divorce Mediation Work?
- What Is the Role of a Divorce Mediator in the Divorce Process?
- Mediation and Children
- What Are the Benefits of Divorce Mediation on Long Island?
- How to Know If Mediation Is Right for You
- What to Expect During Divorce Mediation in New York
- Top 10 Tips for Successful Divorce Mediation
- How Hornberger Verbitsky, P.C. Divorce Mediators Can Help
What Is Divorce Mediation Long Island?
Divorce mediation on Long Island is a non-adversarial approach to resolving divorce and separation issues. In this alternate dispute resolution process, a neutral third-party divorce mediator helps the divorcing couple communicate and negotiate with one another about important matters that need to be settled during the divorce, including property division, child custody, child support, alimony or spousal support, etc. It is imperative to the success of your divorce mediation sessions that the couple needs to be able to clearly communicate with each other in a non-threatening and non-accusatory way in order for divorce mediation to be an effective means of resolving their practical divorce issues.
Divorce mediation can help Long Island couples avoid the time, expense, stress and publicity of hashing out a divorce in Nassau County Supreme Court or Suffolk County Supreme Court. The goal of your divorce mediator is to help you reach mutually acceptable terms in a less confrontational way, which typically leads to a more amicable and cost-effective divorce.
What Is the Role of a Divorce Mediator in the Divorce Process?
A divorce mediator acts as a neutral third party, facilitating communication between divorcing spouses to reach mutually agreeable solutions on issues like asset division and child custody. The mediator’s goal is to help couples navigate the divorce process amicably, saving time, money, and emotional stress.
Your divorce mediator does not represent either spouse or give advice; instead, they help you effectively communicate to offer potential compromises and mutually beneficial solutions that can hopefully serve the best interests of everyone involved.
How Does Long Island Mediation Work?
If you’re considering getting a divorce or preparing for the divorce mediation process, it’s a good idea to have an understanding of how divorce mediation works and what you can expect. During this process, you and your spouse will meet with your divorce mediator who will help you discuss the terms of your separation one issue at a time. In essence, it is a simple, two-step process that starts with your initial consultation.
Step 1. Free Initial Consultation on Divorce Mediation Long Island
You and your spouse come to our offices in Dix Hills, Long Island, NY to meet with an experienced and compassionate divorce mediator who is specially trained in divorce mediation on Long Island, NY. This meeting will last approximately one hour. Your divorce mediator will discuss New York State divorce law, all your separation and divorce options, pros and cons, costs, etc. He or she will review litigation, mediation, collaboration and other dispute resolution methods so that you and your spouse can make an informed decision about how you wish to proceed. There is no cost for this consultation. We want you to know your options and make the choice that’s right for your unique situation and relationship.
Should you and your spouse decide that Long Island mediation is the best option for you and your family, your divorce mediation attorney will explain what you can expect during the mediation process and answer any of your questions. During a relaxed, yet professional, meeting, we will uncover the issues that must be resolved, and, in some cases, help you resolve several of those during the initial free consultation.
The goal of our initial consultation is to ensure you understand the issues involved in your divorce or separation and help explain how mediation services for divorce will work. We are also looking to understand each of your views and positions on the various issues.
At the end of the meeting you will have a guide that outlines the issues you and your spouse will need to resolve, with the assistance of your divorce mediator, to arrive at a complete resolution of your divorce or separation.
There are a number of different types of divorce mediators who can help you; some are experienced divorce attorneys and others are not. If you choose to use a divorce mediator or divorce mediation service that is not a licensed, practicing divorce attorney, you will want to have a Long Island divorce attorney look over your final divorce agreement to be sure you are each protected under the laws of New York State.
The length of time it takes to mediate depends on the complexity of the divorce and the ability of you and your spouse to work together. You can bring your own attorney to mediation, since the mediator can’t give you legal advice or tell you what you should do.
Step 2. Sessions with Your Divorce Mediator
When you retain a divorce mediator from Hornberger Verbitsky, P.C., Attorneys & Counselors at Law, your mediator will lead you through a series of two-hour mediation sessions. The number of these sessions varies with the complexity of the issues involved in their particular cases and the couple’s ability to communicate and work out their differences, but most couples require just two or three sessions. The sessions are spaced as close or far apart as you desire. Mediation can take place weekly, bi-weekly, or on any schedule agreed upon by both spouses and the mediator.
While just one divorce mediator is usually necessary in mediation, you and your spouse are free to retain another attorney to independently advise you through the mediation process or to review the final agreement.
How Much Does Divorce Mediation Cost?
Because there are usually fewer attorneys involved, fewer time-consuming visits to the county courthouses, and more open and honest communication, the cost of mediation is usually a small fraction of the cost of any other form of dispute resolution, especially litigation, thus avoiding large legal bills.
Our Long Island divorce attorneys provide mediation services for a fixed fee. We charge one fixed fee for a defined number of mediation sessions.
Divorce Mediator Versus Divorce Lawyer
A divorce mediator facilitates communication between divorcing parties to reach a mutually beneficial agreement, focusing on collaboration and compromise. In contrast, divorce lawyers advocate for their individual clients in court, representing their best interests through legal procedures and negotiations. In litigation, because each spouse usually has their own lawyer representing them, the time and expense of litigated divorce can increase exponentially. Each lawyer is looking out for the best interests of their client, often without consideration of the other party to the divorce. This can drag out the divorce process as each side is trying to get the best deal for their client. Court appearances and scheduling can further extend the length of time and expense it takes to complete your divorce. Time, financial and emotional expense is usually lower when comparing a divorce mediator vs divorce lawyer.
Long Island Mediation and Children
Divorce is a Restructuring of the Family
If you have children, your divorce or separation will affect them for the rest of their lives. You owe it to your children to seek less adversarial resolution to you case to reduce the stress on your children.
The end of your marriage will likely be an emotional, difficult, and frightening experience for your children. They are naturally confused by what’s going on and likely don’t understand why mom and dad can’t live together anymore. Often, they feel guilt over child custody issues if they are made to “take sides” with one parent against the other. Kids Guide to Separation & Divorce from the California Courts may help your children understand why mom and dad are divorcing.
In a traditional, litigated divorce, children all too often become victims of the process. They are subject to witnessing the constant battle their parents have with each other over issues like how much child support and financial support to pay in a mediated divorce or who gets to spend weekends or holidays with them. These decisions can put a great emotional strain on a child.
Long Island Mediation services for divorce often provide a more successful method of managing matters of custody, including joint custody, because it removes the adversarial nature that is inherent with litigation and replaces it with amicable, goal-oriented problem-solving. Instead of arguing about child custody and visitation, you and your spouse have an opportunity to sit down and discuss with your divorce mediator which outcome is in the best interests of your children. This removes much of the stress and anger that children feel and react to in than in a traditional litigated divorce.
What Are the Benefits of Working with a Divorce Mediator on Long Island, NY?
There are many benefits of using a divorce mediator to resolve your divorce, including:
Divorce Mediation Takes Less Time
The Cost of Mediation vs. Litigation
Divorce mediation typically incurs significantly lower costs compared to litigation. In mediation, couples share expenses, reducing financial burdens. Conversely, litigation involves extensive legal fees, court costs, and potentially high lawyer expenses, escalating overall expenditures. Mediation offers a more cost-effective resolution to divorce, ensuring financial savings and efficiency throughout the process.
Divorce Mediation Has a Lower Cost than Litigation
In general, using mediation for divorce is considerably more cost-effective than divorce litigation. Mediation prioritizes open communication, cooperation, problem-solving, and compromise, all of which contribute to a more streamlined and efficient separation process.
By avoiding the need for lengthy court appearances and more billable attorney hours, couples who opt for mediation typically pay a lot less to divorce. This allows you to allocate the resources you have more effectively and helps minimize the financial strain associated with a traditional divorce.
Divorce Mediation Causes Less Stress
Divorce litigation often results in ongoing battles that can cause a great deal of stress for the whole family. Litigated divorces that are particularly contentious or complex can take an extreme toll on everyone involved.
Divorce mediation is a friendlier and less confrontational process than a litigated divorce, helping to minimize court costs and feelings of hostility you and your spouse may have toward one another. This makes it more likely that you will reach a mutually beneficial agreement you can both live with moving forward. Additionally, the cost of a divorce mediation is usually a fraction of the cost of a typical divorce, which reduces the stress during the process and the stress afterward. Couples who mediate their divorce often maintain much better and more open communication with their ex than those who litigate their divorce. This is better for everyone in the family, including the children, and often results in an easier time moving forward with your life after divorce.
Divorce Mediation Allows Greater Confidentiality
Another significant benefit of divorce mediation, especially if you and your partner have children, is the fact that any divorce judgment reached by mediation is confidential. If your divorce is litigated in court, it becomes public record, and therefore, all information that was discussed during the divorce also becomes public record. This includes your finances, assets, income, any fault asserted, and all other personal issues that may have been discussed.
How to Know If Divorce Mediation Is Right for You
Because divorce mediation involves you and your partner coming to a mutual agreement on your own terms with the help of your divorce mediator, you both need to be relatively cordial with each other. While you don’t need to be in complete agreement before you enter mediation, you both need to be willing to listen to your partner and make reasonable compromises that are in the best interest of you and your family.
While not necessary, it can be helpful if both you and your spouse have been involved in handling the finances throughout the marriage. If you are both aware of your current financial situation and obligations, there is less chance of surprises or unexpected results.
If you and your soon-to-be ex-spouse have feelings of resentment or animosity toward one another, divorce mediation may be a more difficult experience. When going through a divorce, it is almost inevitable that there will be disagreements along the way; so long as these are minor or things that are capable of resolution, mediation for divorce may be something you want to consider.
What to Expect During Divorce Mediation in New York
When you first speak with your divorce mediator, they’ll ask you for some basic background information about your marriage and what issues will need to be addressed in your divorce. This consultation may be done over the phone or in the mediator’s office. Depending on your circumstances, your mediator may want to meet with you and your spouse together or separately for the initial meeting.
Because divorce is a complicated process, you’ll need to have your legal and financial documents in order before filing your divorce settlement, including the findings of fact, with the court. This includes proof of income, assets, debts, and health and life insurance records. Your divorce mediator can provide you with a complete list of documents and information to have ready.
Many divorce mediators encourage spouses to refrain from discussing sensitive divorce issues outside the mediation sessions, since this can potentially lead to arguments and the unwillingness to compromise in the mediation room.
Once your divorce mediation is successfully completed, you and your spouse will sign an agreement that will allow you to have an uncontested divorce. An uncontested divorce means that you and your spouse will not have to “contest” or argue any issues in court.
The Long Island, NY divorce mediators at Hornberger Verbitsky, P.C. regularly and successfully mediate divorces for families like you from our offices in Dix Hills, NY. We are happy to meet with you to discuss how we can help you. Contact us at 631-923-1910 or fill out the short form on this page to schedule your free consultation and case evaluation. We are happy to conduct this consultation over the phone, via online meeting or in our clean and comfortable offices centrally located in Dix Hills, NY.
Legal Separation Mediation
Mediation services are not only for divorce, but can also be used in legal separation agreements. Legal Separation Mediation can have the same benefits of reduced time, expense and stress as divorce mediation. If you and your spouse are considering separating, but are not yet ready to file for divorce, your separation mediator can help you and your partner draft your legal separation agreement together.
Top 10 Tips for Successful Mediation
Here are some tips to help make divorce mediation easier and more effective:
#1. Be Prepared to Participate
It’s easier to take a backseat and let your attorney do the talking during divorce litigation than it is during divorce mediation. During mediation, both you and your spouse should be prepared to fully participate and talk through each issue that comes up. Your divorce mediator is there to guide you and your spouse to reach the best agreement for both of you.
#2. Be Ready to Make (Some) Compromises
It’s usually not possible to get everything you want in your divorce, especially if you’re mediating the dissolution and are interested in avoiding litigation if you can. Be ready to make some compromises and think about what issues, such as the distribution of the marital residence and the different outcomes regarding other relevant matters of marital residence, you are most willing to negotiate. Offer these up for negotiation first, leaving the things you really don’t want to budge on off the table.
#3. Have Copies of All Important Documentation Available at Mediation
Your mediation will go more smoothly if you have copies of important documents like bank account statements, tax returns, property and assets, etc. ready to go. Call ahead to find out what you need to bring and ensure you have enough copies for yourself, your spouse, and your divorce mediator.
#4. Set Reasonable Goals
The goal of divorce litigation is to “win,” often at any cost. However, this isn’t necessarily the best approach for divorce mediation. Look for ways to create reasonable goals, such as sharing child custody or reaching an agreement on the length and amount of alimony that works best for both parties. Your win in divorce mediation is to resolve your divorce as quickly and cost-effectively as possible.
#5. Be Civil and Respectful
During mediation, be respectful and civil when communicating with your spouse and the mediator. If you and your spouse aren’t on speaking terms or can’t be in a room together without fighting, mediation may not be the best option to resolve your divorce.
#6. Create a Compelling Case
Long Island, NY courts typically make decisions in divorce cases that are in the best interests of children or a lesser earning spouse. When going through the process of mediation, it’s important to make your financial statuses case appear as compelling and persuasive as it can be to safeguard your future ability to co-parent effectively. A divorce mediation lawyer can help you present accurate information in the best possible light.
#7. Look for Creative Solutions
Don’t be afraid to offer or discuss creative solutions to issues you and your spouse are facing. Although a potential solution may look unconventional, such as a male spouse being awarded primary custody, it may be the best resolution for the family.
#8. Exercise Patience
While mediation typically allows couples to dissolve their divorce amicably faster than litigation, it may still take several weeks or months to negotiate a stipulation of settlement that you and your spouse both agree upon. Be patient with the mediation process and discuss any questions or concerns you have with a trusted and experienced divorce mediation attorney on Long Island, NY.
#9. Get Professional Emotional Support
Both divorce mediation and traditional divorce litigation can be emotionally draining, especially if you have children and are dealing with child custody and support issues. Consider obtaining professional counseling, group therapy, or other mental health support while going through the process of divorce mediation to help you manage your own feelings about the split.
#10. Contact an Experienced Long Island Divorce Attorney
An experienced Long Island divorce mediator can help you and your spouse reach a negotiated agreement about various aspects of your divorce when a couple meets for mediation, but they cannot provide you with legal advice or inform you of what would or wouldn’t be in your best interests throughout the entire process. This is why you and your spouse might each want to have your own attorneys review any divorce agreement that comes out of the mediation process to ensure it aligns with the necessary judgment of divorce.
How Hornberger Verbitsky, P.C. Family and Divorce Attorneys Can Help
Divorce mediation is a confidential, collaborative process that helps you resolve the marital issues involved in a divorce proceeding and in ending your marriage without the time, stress, and expense of litigation in court. Our experienced Long Island, NY divorce mediators can help guide you through this great alternative of inexpensive mediation quickly and fairly, so you can get the best results possible for your family.
At Hornberger Verbitsky, P.C., we encourage honest and open discussion between you and your spouse about the important issues you need to resolve. We help you find common ground and instead of imposing ideas or solutions, we guide you to make your own decisions about the best ways to resolve the issues involved in ending your marriage. Our process is geared toward helping you rebuild the foundation for a strong family bond, while best positioning you to move forward with your life.
The Long Island, NY divorce mediators at Hornberger Verbitsky, P.C. regularly and successfully mediate divorces for families like you from our offices in Dix Hills, NY. We are happy to meet with you to discuss how we can help you.
Give us a call at 631-923-1910 for a free consultation and case evaluation with a skilled Long Island, NY divorce mediator. We’ll discuss the specifics of your case and determine if you and your spouse are suitable candidates for divorce mediation. Alternatively, fill out the short form on this page, and we’ll promptly get back to you to see how we can assist as your chosen divorce mediator in Long Island.
For more information, visit our Comprehensive Guide to Long Island Divorce Mediation.
Divorce is never easy, but Hornberger Verbitsky made the process as smooth as it gets. I used the firm for mediation. All emails were answered quickly, and the team was extremely knowledgeable. Patty in particular was wonderful to work with, and very patient with all of my questions. I would highly recommend Hornberger Verbitsky!
Frequently Asked Questions About Divorce Mediation Long Island
What sets apart mediation from litigation in divorce proceedings on Long Island? What are the key benefits of opting for divorce mediation services in Nassau County, New York? How does the mediation process work, and what are the expected costs involved compared to traditional divorce proceedings? These common questions and more are addressed in this section to provide clarity and guidance to individuals navigating the complexities of divorce mediation.
What is Mediation on Long Island?
Why Choose Mediation on Long Island?
What Are the Top 5 Benefits of Mediation?
What Conditions Must be Met to Use Mediation?
Is Mediation the Right Choice for My Divorce?
What is the Role of an Attorney in Mediation?
Are Collaborative Divorce & Mediation Better Ways to Divorce?
How Can I Get the Most Out of Mediation?
Can Mediation Be Used for Unmarried Couples?
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Your mediator will describe the many options available and determine together which is the right solution for you. By the end of this conversation, we’ll all understand how we can best help you to move forward.
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There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation.