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Rockland & Westchester County Divorce Lawyer > Blog > Mediation > The Role of a Divorce Mediator in a New York State Divorce

The Role of a Divorce Mediator in a New York State Divorce


Divorce can be a contentious process. On television, we often see divorce dramatized in terms of litigation. This makes sense because drama thrives on conflict. However, you don’t want to add conflict to your own life. In truth, the vast majority of divorces are mediated. The ones you see dramatized on television are litigated. In this article, the Westchester County mediation lawyers at the Law Offices of Robert S. Sunshine will discuss the role of the divorce mediator in a divorce proceeding.

What is mediation? 

Mediation is a form of alternative dispute resolution in which the parties come together to discuss their differences and reach an accord. Issues hammered out in mediation include the distribution of the marital estate, alimony, child custody, and child support. The two parties work with a neutral third party (the mediator) who helps facilitate communication and helps the parties reach an agreement. At the end of the process, the parties can submit their divorce decree to the court without having to litigate the matter in front of a judge or asking a judge to decide key issues related to the divorce.

What is the role of the divorce mediator? 

  • The mediator acts as a neutral third party – The role of a divorce mediator is to act as a neutral third party. The divorce mediator does not make final judgments and cannot give the parties legal advice. Instead, the mediator helps the parties reach an agreement on contentious issues related to the divorce.
  • The mediator facilitates communication between the parties – A mediator helps facilitate communication between the spouses so that they can reach an agreement on key issues such as property division, spousal maintenance (alimony), child custody and visitation, and child support. The role of the mediator is to encourage open and honest communication so that the parties involved in a divorce can hammer out all of their issues without asking a judge to intervene on their behalf.
  • The mediator assists the parties in reaching an agreement – The mediator helps the divorcing couple reach an agreement on key issues related to their divorce. This includes the division of marital assets, spousal maintenance, child custody and visitation schedules, and child support payments. The ultimate goal of mediation is to save time and money and avoid the emotional and financial costs of litigating the matter before a family court judge.
  • Mediation saves time and money – Couples who can reach an agreement in mediation can save themselves both time and money. Courts are expensive and take a longer time to render decisions. This means more legal fees as attorneys prepare documents for the court to review. Ultimately, mediation is a godsend for couples who can successfully resolve their issues outside of court.

Talk to a Westchester County Divorce Mediation Attorney Today 

The Law Office of Robert S. Sunshine represents the interests of divorcing couples by facilitating mediation. Call our office today to schedule an appointment and we can begin discussing your next steps right away.

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