Divorce Mediation in Long Island is a specialized area of family law dedicated to helping divorcing couples work out their differences without going to trial or allowing a judge to dictate orders which govern post-divorce relationships.
Divorce Mediators are not Attorneys
While Long Island divorce mediation services are often available through or affiliated with family law attorneys, mediators do not replace lawyers during the divorce process. Mediators facilitate discussions between divorcing spouses by keeping conversations focused on mutual goals and issues of conflict. Of course, if your divorce mediator is also a divorce attorney, you have the best of both worlds.
Divorce Mediators Don’t Take Sides
A professional mediator has specialized training in communication and negotiation. Acting as a neutral third-party, divorce mediators listen objectively to both sides and then guide each participant to explore solutions to reach resolutions that are fair and acceptable to both parties. While mediators guide the discussion, they do not decide who is right or wrong. Instead the role of the mediator is to help the two parties see each issue from the other point of view in order to reach a compromise that is acceptable.
Even though mediation specialists are not always lawyers, they should be familiar with New York Family Laws and statues governing child support, visitation, child custody, property division, grandparents’ rights, and legal enforcement.
Divorce Mediation Specialists Enable Effective Communication
As the marital relationship erodes, communication often fails. A neutral observer often helps both spouses express themselves without allowing emotions like anger, frustration, emotional pain, and mistrust to control their speech.
By encouraging each party to speak clearly without casting blame or being defensive, a professional divorce mediation specialist enables the couple to prepare a written agreement called a Memorandum of Understanding. This document serves as a preliminary outline for a legally binding agreement that lays out settlement terms, including the division of property, which are discussed during negotiation sessions.
Specialization and Family Law
Divorce Mediation, Long Island attorneys. and the family court systems in Nassau County and Suffolk County work with couples seeking a divorce to reach solutions that allow everyone to get beyond their difficult marriage and go forward with less stress and strain on the family dynamic.
Although most divorce mediators do not specialize in just one area, such as child custody negotiations or property division, some mediators meet with individual parties to discuss sensitive issues. Private meetings give the mediator valuable insight into the challenges and obstacles that prevent effective two-way communication.
Mediators work closely with parties to craft viable solutions to difficult situations; however, they do not go to court with either spouse if negotiations break down and the divorce ends up in court.
Collaborative Divorce and Preliminary Negotiations
Long Island couples may choose to end their divorce without court intervention through a Collaborative Divorce or they may seek the guidance of a Long Island divorce mediation specialist to help them prepare for court.
Long Island attorneys often recommend divorce mediation services to their clients as a cost-effective alternative to traditional litigation because mediation is normally less expensive and less time-consuming than navigating the court system. Additionally, couples who choose divorce mediation on Long Island are usually more satisfied with the final parenting plan, as they were able to design it to fit their needs, rather than be forced to accept one issued by the court.
Partnering with a certified Divorce Mediator and Long Island divorce attorney specializing in family law helps divorcing parents prepare for co-parenting after the divorce. Working within New York statutes, professional divorce mediators can help parents overcome obstacles that often prevent couples from reaching an agreement on their own.
Except in extreme cases, such as those involving abandonment or abuse, for most Long Islanders, the parenting partnership continues after the marriage ends. While living arrangements change, legal decisions shouldn’t prevent preserving parent-child relationships. Creating post-divorce visitation and child support plans that facilitate healthy communication is in the best interest of the child–or children – and both parents.Working as a team, spouses and professional divorce mediators on Long Island work together to craft a detailed parenting roadmap designed to reduce stress and avoid litigation. A comprehensive plan may cover sensitive subjects like holiday and vacation visits, attending school programs and how to include new adults that a child or children will spend time with child or children after the divorce.
Including Children in the Divorce Mediation Process
Divorce is unsettling for most children. Not understanding what the future holds is stressful and may cause some children to withdraw or act out. Including older children in the decision-making process enables them to ask questions and empowers them to adjust to life-after-divorce quicker. In some cases, Long Island divorce mediators may recommend children meet with a child psychologist or other mental health care provider before inviting them to attend negotiating sessions.
Addressing Challenging Divorce Issues
Long Island divorce attorneys and divorce mediators approach post-divorce plan development with sensitivity and compassion. Often, however, there are issues such as paternity that particularly strain negotiation efforts.
In New York, either party may request paternity testing from conception until the child reaches the legal age of 21. Suffolk County and Nassau County courts follow guidelines established by The New York Family Court Act, which allows DNA testing unless the court finds that such testing would not be “in the best interest of the child.”
During a litigation divorce model, Long Island couples must ask the judge for permission to initiate DNA testing. When a man has already accepted a child, or children, as his natural heirs by assuming financial and emotional support, the court may not allow a DNA marker study.The basis for the decision is grounded in the premise that the man had an opportunity to establish paternity before establishing a parent-child relationship and did not see the necessity. In other words, the family court judge may not allow or order tests that directly impact parent-child relationships based solely on a desire to evade personal responsibility or set aside parental rights, including visitation and shared custody. By engaging a divorce mediator, couples may be able to address this decision themselves and overcome other onerous obstacles without court intervention.
Proactive and Voluntary: Parenting Rights and ResponsibilitiesWorking with an experienced, skilled lawyer and Divorce Mediator on Long Island gives parents options to voluntarily agree to co-parenting arrangements and not risk having to comply with burdensome restrictions established by the court. Research indicates that the majority of spouses, some estimates are as high as 70 percent, reach agreeable solutions through divorce mediation.
Suffolk County and Nassau County courts encourage divorce mediation as a first attempt to reach equitable solutions. Family Law and Divorce Lawyer Robert E. Hornberger, Esq., a director of the Collaborative Law Association of New York, Inc., concurs. Mr. Hornberger promotes divorce mediation – a tool that is less expensive, protects individual privacy and includes skilled legal representation without going to court — as a valuable tool for couples pursuing divorce or separation on Long Island.
More couples deciding to end a difficult marriage are choosing alternative dispute resolution techniques like Divorce Mediation and Long Island family law specialists to help them navigate the process. In New York, couples have several non-traditional paths for marriage dissolution in addition to divorce mediation, among them a relatively new approach called Collaborative Divorce.
Divorce Mediation and Collaborative Family Law enable couples who want to terminate their marriage to work out their differences in an environment that is less structured and more relaxed. These alternative dispute resolution methods help divorcing couples on Long Island reach solutions without ever going to trial in a Nassau County or Suffolk County courtroom.
While there may not really be a “good divorce,” couples who make a commitment to control the vitriol and focus on strengthening post-marriage communication often find that adjusting to life after divorce is easier on everyone, including their children. When a marriage ends, poor communication impacts relationships inside and outside the immediate family. Friends, extended family members, creditors and employers are also directly affected.
Divorce mediation professionals seek to mitigate the negative impact by helping couples establish ground rules that encourage a tone of mutual dignity and respect even when the overarching emotions may be anger, fear and mistrust. Communication is instrumental and encouraged by attorneys who recognize the benefits of divorce mediation in Long Island marriage dissolution cases.
I. Understanding Long Island Divorce Mediation Goals
Even though the divorcing parties don’t go before a judge, it is critical that everyone understands the rules before signing a Participation Agreement. It is important to understand that a final solution is the main goal of divorce mediation. When divorcing spouses sign a Participation Agreement, they agree that should the process break down before a final agreement is reached, all lawyers and engaged professionals are precluded from transitioning from a divorce mediation model to a traditional divorce litigation model.
Lawyers and spouses must agree to be forthcoming and honest about all assets and liabilities. Before discussing spousal support and distribution of assets, each spouse must reveal budgetary needs and available income. Sharing these pieces of information is often difficult when one partner doesn’t trust the other, or when one spouse is afraid that divulging this information may open the door to burdensome demands.
Long Island divorce mediators and lawyers may recommend inviting other professionals to closed-door meeting. In mediation, a neutral accountant, child psychologists or educational consultant can help inform and educate spouses based on their experience or information gathered independently by interviewing children privately, reviewing tax and employment records or reviewing research on specific points of interest and concern. Along with specialists in divorce mediation, Long Island certified financial planner’s help individuals reach realistic agreements that ensure each new household is financially prepared to move forward.
Coaches and paraprofessionals encourage cooperation. Since the goal of divorce mediation is to reach a fair resolution for everyone, calling in a communication coach to assist with dialog may sometimes help. Coaches keep both parties focused on projecting a clear message aimed at reaching solutions and not trying to score points in the “best argument game.”
II. Successfully Exiting the Marriage
Traditional divorce litigation models, in particular contested divorces and cases involving abuse or endangerment, usually mean there are winners and losers when the judge issues the final decree of divorce.
While the idea of two warring spouses engaging in calm, productive conversations that lead to workable solutions for everyone is foreign to many people, the process saves time, money and frustration for those willing to participate.
Although it is likely neither spouse will exit the marriage with everything he or she originally expected, the negotiation process encourages a thorough exploration and dialog of important concerns in a framework that enables compromise without total surrender.
Collaborative Divorce and Divorce Mediation on Long Island typically ends with a win-win exit. Family law attorney Robert E. Hornberger, Esq. Says that by participating in divorce mediation, Long Island couples have access to proven communication techniques that help them settle their differences with open and honest communication, and not pursue confrontational legal remedies. It’s an option worth considering for your Long Island divorce.
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Divorce is the dissolving of marital union of a couple under the rule or law of any particular country or state. Divorce laws vary considerably around the world and there are many issues involved within it like alimony, child support, and distribution of property and list goes on. If a couple opts for a less time consuming and inexpensive or a least stressful divorce process divorce lawyer long island might be helpful for them. The attorneys and counsellors are proven to be a best option to reach an amicable resolution. Clients can surely feel that they are not too far apart in reaching the objectives on the major issues that one feels to be settled down during the process of divorce.
Some of the issues that need to be resolved to complete the divorce process are distribution of assets and debts, spousal support, child custody, visitation and child support. Divorce lawyer long island helps by adopting the process of divorce meditation. Divorce meditation is a non antagonist method of achieving the divorce objectives through moderated communication and discussion. When the couples are committed to resolve complex issues involved within the divorce through extending cooperation and negotiation, the settlement of the issue will be done in a peaceful manner and that too outside the court room. Such cases are termed as uncontested divorce. The key feature distinguishing divorce mediation and collaborative divorce is individual representation of both the spouse. The client and the attorneys will sign an agreement agreeing to the conditions that they will work collaboratively toward the settlement and share all the information that is required. Moreover if the settlement is not arrived the attorneys will not be allowed to represent the parties in any following court litigation. Collaborative divorce is preferred by families because it enables the clients to participate in the process. The focus is on family, relationships and communication and remains dignified and confidential.
A contested divorce is one in which one spouse does not want the divorce and there is no agreement in issues like child, property and finances. Thus here there will be divorce litigation and this is the most common type of divorce. Divorce lawyer Long Island is well experienced to fight tirelessly in every way to get one?s rights. They help to take best decision for one self and one?s family. If a marriage is not legalized and later if the couple sought after the court no solution can be given as the marriage is not legalised.
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If you need to face the unfortunate situation of divorce, then you are passing through a major transition in life. Divorce is one of the toughest situations in life sated with a lot of legal issues, financial implications, children’s issues and several others that you might not be able to predict beforehand. Though every divorce situation is unique in itself, certain aspects occur universally across most divorces. A sustained experience of handling hundreds of divorce situation would have helped divorce mediators garner a lot of insights into the issue which you will benefit from if you are seeking the professional services of a divorce mediator.
A divorce mediator Long Island can help you handle the toughest of emotional experiences with a great degree of stability. Even if the divorce becomes inevitable under some compelling circumstances, the ultimate goal of seeking the professional assistance of a divorce mediator is to minimize the pain, save on time and expenses, and settle all the related issues with a clear thought. In this way, the services of a divorce mediator can avoid the hassles and downsides of the traditional divorce process.
Accomplished divorce mediators Long Island have helped hundreds of couples successfully manage the challenge of divorce. Some of the most obvious issues of divorce include financial consequences for the family members, custody and visitation of children and others. While every one of such issues are highly tricky, the services of a mediator can help you reap the maximum benefits that you deserve. In fact, a large number of people feel it had been a wonderful decision to hire the services of a divorce mediator.
Divorce mediators are fully experienced in the legal profession and they can counsel you on the issues revolving around divorce. They can offer a comprehensive legal assistance enabled by their expert legal knowledge. The outcome is the best solution for all the family members. Mediators can help reduce the time and expenses involved in the process. They can also help shelter the children from the emotional consequences of divorce.
The benefits of seeking the assistance of a divorce mediator are noteworthy. Working with a mediator can let you hope for enhanced relationships between children and both the parents. You are in a far advantageous position to avoid the adversarial expenses of drawing pleadings, appearing in courts and making motions. You are also able to avoid the stress and time involved in the litigation process.
It is not advisable to leave your life at the hands of divorce lawyers and judges at the court who might not have any sympathy or concern. In fact, under some crucial circumstances, they cannot do you any good even if they have the best of intentions. On the other hand, working with a mediator helps you with more control over your decisions. In fact, the value of privacy you enjoy while working solutions in an open cooperative atmosphere. A mediator can render assistance in keeping emotions aside while making practical decisions. During your agreement, you will be guided to resolve any future issues that might arise thereby averting any disagreements later. Working with a divorce mediator lets you pass through a well informed process so that each person in the family can understand the consequences of their decisions. Therefore, the benefits of assistance from a divorce mediator cannot be underestimated and can have far reaching positive consequences for you and your family.
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Divorce proceedings are some of the most crucial and tormenting phases in people’s lives. When you feel divorce is an unavoidable necessity at some point in your life, there are two options in front of you: either divorce or a legal separation. These days, divorce attorneys charge exorbitant fees and the divorce process is heavily time consuming and troublesome. Over and above, the divorce process can leave an indelible impact on your family and children. Divorce is a rather a complex process that requires to address several issues connected with it. Often, the solutions do not come out favorably to everyone in the family. Therefore, people have started looking at alternatives to divorce that will help exercise more control over the process not leaving it entirely to the rule of the law. Divorce mediation Long Island is becoming highly popular on account of its innumerable merits over the conventional divorce process.
Divorce mediation is rather a more amicable and sensible approach to separation than a painful divorce process filled with battles and hassles. Over and above, if you can save the wasteful amount incurred on the divorce process involving court proceedings, you can use it for something better. Talking of divorce, you need to be aware of three kinds of divorce namely litigated divorce, a collaborative divorce, and a mediated divorce. Each of these kinds can leave different kinds of impact on your family and children.
Divorce mediation Long Island can help you in a number of ways. The professionals working with some of the renowned divorce mediation firms can offer expert counseling with regard to some of the most private matters that you will not be prepared to share with anyone else. They are well trained and experienced to handle such matters with dignity and grace. Thus, you and your spouse will receive a handheld assistance to proceed with the process of separation with ease with the least friction possible. No divorce can be free from emotion. However, an expert support at this point can immensely benefit you to stay balanced and take the right decisions to benefit the family. The professional handling by the divorce mediation professionals can approach the issue the right way and ensure the separate concerns of each of the couple is addressed simultaneously.
Divorce mediation is one of the best and the most beneficial alternative to litigated divorce. With the support of divorce mediators, you and your spouse can approach, negotiate and arrive at agreements on each of the issues concerned with divorce or separation. Some of the crucial issues addressed by divorce mediators include child support and custody, parenting plan after the separation, spousal support, and sharing of assets and liabilities. Upon completion of the mediation process, the team shall help you draft an agreement to meet all the specific needs of individuals.
Most couples looking for separation are turning towards divorce mediation on account of its vast number of advantages. Divorce mediation helps you and your spouse settle the family issues privately without taking it to the broad day light causing much agony, disrespect and discomfort.
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