What is Divorce Mediation & How Can It Benefit Me on Long Island?
A divorce in Nassau County or Suffolk County on Long Island does not have to be adversarial; it does not even have to involve stepping one foot into a courtroom. If you and your spouse can work together and are seeking a Long Island divorce without the time, expense and stress of judges, lawyers and monthly court conferences, the best avenue for you is likely divorce mediation. It will save you time, money and stress on you and your family. Your divorce will be settled faster, less expensively and with much less anxiety and acrimony than if you litigate your divorce in a Nassau County or Suffolk County courtroom.
Divorce Mediation, Long Island’s Robert E. Hornberger, Esq. explains, is a process in which you and your spouse will mutually agree upon an individual (often, but not always, a Long Island divorce lawyer) to help mediate your divorce. This amicable process allows you and your spouse to maintain a healthy relationship during, and after, your Long Island divorce.
Different entities offer different programs for divorce mediation on Long Island. However, most typically offer sessions in two (2) hour time frames. Depending upon the complexity of your divorce and the issues to be resolved, you may opt to participate in one (1) two-hour divorce mediation session, or two (2) two-hour sessions. The process is completely individualized to work best with the wants and needs of you and your spouse. If you are aware you and your spouse may enter into an agreement that strays from the norm, consider contacting a divorce mediator on Long Island to work out an agreement that will work for you and your spouse.
During your divorce mediation session, your mediator, who may or may not be a divorce attorney, will educate you and your spouse of the state of the law as it pertains to your divorce. It is important to be aware that the mediator does not represent you or your spouse, and he or she is not permitted to give you legal advice. In other words, your divorce mediator cannot tell you if you are making a bad deal. He or she is there to help you and your spouse come to an agreement on the particulars of your divorce in an amicable, non-confrontational way and to make sure all the legal Ts are crossed and the Is dotted in your final divorce agreement. If you have any concerns about the agreement you have worked out with your divorce mediator, you are free to retain an independent attorney to review the agreement before you sign it. As a Long Island divorce attorney, I have reviewed numerous mediated divorce agreements for clients and sent back requests for comments and revisions to the mediator.
How Do I Select My Divorce Mediator?
A divorce mediator cannot mediate your Long Island Divorce without the consent of both you and your spouse. In my experience, this is the only difficult aspect of divorce mediation, as you and your spouse may have difficulties in agreeing upon whose services to utilize. You may interview one or 20 divorce mediators before you find one who suits you, but in order for the process to work effectively you must both be comfortable with your mediator. Additionally, if you meet with the mediator individually prior to bringing your spouse, the mediator must inform your spouse of your initial meeting. If you are looking for an expert in divorce mediation, Long Island’s most reliable choice is Robert E. Hornberger, Esq.
Benefits of Having A Long Island Divorce Attorney as Your Divorce Mediator
One of the benefits of divorce mediation is the absence of two divorce attorneys fighting each other for the rights of their clients. While this can be necessary in complex, adversarial divorces it necessarily drives up the cost and length of time to complete the divorce. While not all divorce mediators are attorneys, some Long Island Divorce Attorneys, myself included, also act as divorce mediators. Your desire to avoid attorneys may have drawn you to divorce mediation, but having a divorce attorney as your mediator should not cause you concern.
Your divorce mediator’s only role is to inform you and your spouse of the law and to assist you in reaching a mutually agreed upon divorce settlement. Having an experienced and practicing divorce attorney as your divorce mediator offers you the benefit of ensuring they are current with regard to all the applicable laws surrounding your divorce on Long Island. If the mediator’s sole purpose is to inform you of the law, wouldn’t you want a divorce mediator who is skilled in that applicable area of law?
What Types of Cases Work Best With Divorce Mediation?
Long Island’s Robert E. Hornberger, Esq. often tells clients with children that if they do not agree on the issue of child custody, mediating their divorce may not be simple. Divorce mediation requires the parties to cooperate and mutually reach an agreement. Because the cost of your mediation is based upon the time you spend with your mediator, it is best for you if the most difficult issues are agreed upon before-hand your session/s with your mediator. It is easy to mediate which party will retain the dining room furniture, but it can take the entire two (2) sessions to mediate which party will have residential custody of the children.
In fact, if you and your spouse already have a settlement agreement, or you have a general idea of a settlement agreement, you are the perfect mediation clients. In such instances you may even require only one (1) session, and the terms of your divorce can be finalized in as little as two (2) hours.
Receive a Free Divorce Mediation Long Island Consultation
To learn more about Divorce Mediation on Long Island and how it can save you time, money and stress, visit this page: How Divorce Mediation Works and its Benefits for Families in Nassau, Suffolk, Long Island. If you have questions about whether divorce mediation is right for you and your spouse, consult with an experienced Long Island divorce mediator and attorney. Long Island’s Robert E. Hornberger, Esq., PC’s compassionate and experienced divorce mediators can help. Call us at 631-923-1910 for a complimentary, confidential consultation or fill out the short form on this page and we’ll get right back to you.
For more information, visit our Comprehensive Guide to Long Island Divorce Mediation.