Mediation is the attempt to resolve disputes involving the full scope of family law matters through negotiation rather than litigation. It is designed to be a nonadversarial process that helps two parties reach agreement on matters such as child custody and visitation, child support, property division and other agreements that must be reached in divorce.
Mediation involves a third party — often a lawyer — who is specially trained in alternative dispute resolution (ADR). The mediator attempts to help you and your spouse or ex-spouse resolve issues that are causing conflict.
Numerous studies have shown that couples filing for a divorce who choose the path of negotiation or mediation are more mutually satisfied with the terms that are agreed upon rather than imposed by a judge in Family Court or Supreme Court.
Manhattan Mediation And Arbitration Lawyers
At Curt Arnel & Associates in Brooklyn, New York, we understand how stressful divorce can be for the whole family. Many divorcing couples want to complete their divorce as quickly as possible. We know from experience that mediation can be an effective means to that end.
Unlike a court trial that pits one spouse against another, mediation seeks to resolve issues through open communication and mutual agreement. A typical mediation session lasts anywhere from an hour to a full day.
Arbitration is similar to mediation in that it uses an impartial third party and ADR techniques to avoid litigation. In arbitration, both parties present the issues they want resolved to an arbitrator, who is usually a current or former attorney or judge with extensive experience in family law. The parties have the right to select the arbitrator and the location of the arbitration.
We attend mediation and arbitration sessions with our clients in order to advise them on any proposed agreements so they can make informed decisions. Our first priority is to always protect our clients' best interests.
At the conclusion of most sessions, an agreement addressing all of the decisions the couple has reached is signed. Choosing mediation or arbitration instead of litigation has numerous benefits, including:
- Reducing the stress of divorce
- Reducing costs compared to litigation
- Providing more control over the structure of both parties' post-divorce lives
- Providing confidentiality of your divorce agreement
- Minimizing the impact of divorce on children
- Helping preserve family relationships
Our Brooklyn Divorce Mediation Lawyers Are Committed To Your Best Interests
It's important to understand your rights in mediation and arbitration and critical to have an attorney review any agreements that are reached during these sessions. We can explain more about the process and answer your questions during a free consultation. Contact us to schedule an appointment.