Divorce Mediation: Is it right for me?

If you’re going through a divorce, you may have heard that mediation is one tool to resolve the case. Our Westchester divorce attorney team knows that mediation can be appropriate in some cases. However, there are other situations where mediation is not appropriate. Here’s what you should know about mediation from the Westchester divorce lawyers at Muscente Law:

When is mediation effective?Mediation is most effective when the issues are relatively clear and the parties only need to work out the details. Although there can be significant disagreements going into mediation, when the parties are able to agree on the general range of possible outcomes, they can work effectively towards reaching an agreement. If both parties are able to prioritize what’s non-negotiable and what’s available for compromise, mediation can be effective.

When is mediation a bad idea?

Mediation is not appropriate in any case involving domestic violence. When one party attempts to exercise control, or when they have an unequal position of power, mediation is not fair or effective. In addition, if the law strongly favors your position and the other side is not willing to compromise, mediation may not be appropriate. A Westchester divorce lawyer can help you determine if mediation is a good way to resolve your case.

How to make mediation effective?

When you work with a Westchester family law attorney, they can help you understand the likely outcomes in the case. With realistic expectations, you can form priorities and make mediation effective. Working in advance to determine your most important goals and what you want to accomplish during mediation is critical to making mediation work. In addition, working with an experienced family law lawyer can help you build persuasive evidence to have at your disposal during the mediation proceeding.