How to Digitally Mediate Your Long Island Divorce from Home

by | Apr 14, 2020 | Divorce Mediation, NY

As technology grows and becomes more necessary every day, couples are looking for ways to accomplish important tasks from home, including mediating a divorce digitally.

In the era of COVID-19, working from home is the norm, and divorcing from home may also become a necessity. Divorce mediation is one way to dissolve your marriage, and while traditionally it has been done in attorney’s offices or conference rooms, it can also be done online. Here’s what you should know about digitally mediating your divorce from home.

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What Is Divorce Mediation?

Mediation, or divorce mediation, is the process of dissolving your marriage amicably, outside a courtroom. This typically involves meeting with a neutral third party called a divorce mediator, as well as your own individual divorce lawyer. The goal of mediation is for you and your ex-spouse to reach an agreement on all matters related to your divorce, such as property division and child custody.

Once you do, this agreement is drafted by your attorneys, signed by all parties involved, and submitted to the appropriate local court for processing. Successful divorce mediation results in a finalized divorce decree that you and your ex have agreed upon without having to appear in court.

Benefits of Mediating Your Long Island Divorce

There are numerous benefits of mediating your divorce, including but not limited to:

    Reduced cost. One of the primary benefits of mediating your Long Island divorce — especially online — is that it’s much less expensive than traditional litigation.

    Less time. Mediation is extremely efficient and takes less time than a contested divorce.

    Easier on the kids. If you and your ex-spouse share children, a drawn-out custody battle can be very difficult for them. Mediation allows you to negotiate quietly with your ex, leaving children largely out of the process. It also generally is less contentious, allowing you and your ex to have better, less confrontational communication post-divorce, which benefits your children long-term.

    More privacy. Litigated divorces are typically public records in New York, while mediation affords you more privacy to handle sensitive family legal matters.

How Is Mediation Done Online?

Usually, you’ll meet with your divorce mediator on the phone initially to determine if online mediation is right for your divorce. Then, your mediator will coordinate a good time with you and your ex-spouse to have a conference call or video call. You can communicate with your mediator prior to the meeting via email what issues are most important to you and what you’re willing to compromise on.

In some cases, your mediator may meet with you and your ex-spouse individually. The mediator will discuss important matters with you and take notes, going back and forth between you and your ex-spouse in a process called “shuttle diplomacy.” Depending on the issues being addressed in your divorce, you may need multiple mediation sessions to reach an agreement with your ex. However, once an agreement has been made, your divorce mediator will draft the divorce decree and send it to a judge to be finalized.

When Does Mediation Progress to Litigation?

Ideally, mediation will never progress to divorce litigation. If it does, then this means mediation has failed. Mediation isn’t always the right option for every divorcing couple, and, while your divorce mediation should be able to determine if mediation is right for you before you start, or early in the process, in some cases, it may only be discovered after making the attempt to mediate. If you’re not able to resolve your divorce matters amicably via mediation, you’ll need a judge to decide for you in what becomes a contested divorce.

In some cases, such as in high net worth divorces, divorce mediation isn’t necessarily recommended at all. You may stand to gain more from your divorce by proceeding directly to litigation. An experienced divorce lawyer can help you determine if mediation is a viable first option for you to dissolve your marriage.

Digitally Mediate Your Long Island Divorce from Home with Hornberger & Verbitsky, P.C.

At Hornberger & Verbitsky, P.C., we’ve made significant strides in utilizing technology to meet the changing needs of today’s clients. We can help you mediate your divorce entirely over the phone and online, from the comfort of your own home. Whether you want to meet with your mediator and your ex-spouse, or you prefer to meet separately with your mediator who goes back and forth with your ex, we can help. Contact us today for more information and a free virtual consultation at 631-923-1910.

For more information, visit our Comprehensive Guide to Long Island Divorce Mediation.

 

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