Divorce Mediation Ethics
New York Divorce Information
Mediation Ethics Information
So what are the advantages of divorce medation?
Mediation is a more peaceful and cooperative process for divorcing couples. It is simplified to minimize pain, maintain privacy, reduce expenses and encourage cooperation as much as possible, especially if children are involved.
Mediation keeps your divorce out of court if possible. Needing to go to court to resolve your divorce agreement can be long, embarrassing, very painful, and needless to say very, very expensive for both you and your ex-to-be.
Understanding mediation ethics
Divorce mediation ethics are a set of principles of right conduct and the rules governing the conduct of a trained mediator.
New York State guidelines for divorce mediation:
- The mediator does not legally represent either spouse and acts only as a mediator.
- The divorce mediator will recommend that each spouse learn about there rights as much as possible and also encourage both parties to negotiate a divorce settlement based on what is best for yourselves and your children.
- Each spouse has the right to decide not to consult with attorneys if you want to avoid using divorce lawyers, or save money and time through mediation.
- Client privacy is always protected
- The mediator is always fair and equitable
When is mediation not recommended?
- if there is a history of domestic violence
- if one spouse is not being honest about finances or hiding assets
- if one spouse is in fear or intimidated by the other
- if you are not sure about divorce and still wondering if the relationship will work out
Mediators can help with negotiations for a mutually satisfactory resolution to:
- child custody
- child visitation
- spousal support
- real estate and property division
- guardian issues in the event of death of a parent
- all other issues regarding the divorce
The many benefits…
- Divorce mediation enables better relationships between the children and both of their parents.
- It facilitates an informed process making each person completely aware of the consequences of their decisions.
- There are tremendous financial savings for both parties as they avoid courtroom procedures and paying lawyers extra for many more hours worked.
- Enabling the resolving of future issues in the divorce agreement, preventing disagreements later on. You also get more control over your decisions, rather than leaving them up to the court or the state.
- Significant time is saved. This makes your life less complicated and less stressful during the divorce procedure.
- You have much more privacy.
- You and your spouse cooperate instead of battling.
- You are legally counseled so that your cooler head prevails and you don't make bad decisions because of high emotions.
- Mediation is a nonadversarial process
- Facilitators are neutral
- Cooperative approach
If you hire a divorce lawyer at the beginning of the mediation process, it will help you understand your legal rights and responsibilities. It will also help you avoid a legal challenge at a later date if legal issues or concerns raised by attorneys from the start. Mediation ethics are an imortante the part of the process.
Avoiding a long drawn out process in court…
Even though there are many advantages to mediation, there are times when divorce mediation is just not possible--such as a contested divorce where one spouse is refusing to cooperate with the divorce procedure because they don't want a divorce or some other personal reason. But if it is ethical and moral to seek divorce mediation if at all possible and to make that the first choice.
This is especially true in a state like New York. New York is a "fault" state and an "equitable distribution" state when it comes to divorce. Things can get very complex. If you are considering or already seeking divorce in New York state, and want to see if mediation will work for your family, contact New York City lawyer Mary Grace Condello.
If you need a divorce lawyer call now 718.259.4500 or email us if we can help.
If you want more information see our free resources or after viewing our mediation ethics information check out New York Alimony Laws.
