Talk about divorce and many people have predetermined ideas of what the process is and what to expect. You know there will be lawyers involved for each side, court appearances, preparing legal papers, the costs of two attorneys and going to court, and a lot of time and money spent on the process. Divorce court by its nature is confrontational.

Talk about divorce mediation and the expectations may not be as clear. We are frequently asked about what to expect during the mediation process as you and your spouse come to terms with dissolving your marriage. Today we will help those considering divorce mediation better understand what happens in divorce mediation and what to expect.

First, divorce mediation is a non-adversarial process. You and your spouse will discuss and negotiate how to fairly divide your marital assets and debts, financial and parenting issues regarding the children, if any, and the amount and duration of spousal support if appropriate in your circumstances.

This is accomplished with the guidance of a neutral mediator. The divorce mediator may or may not be a lawyer (we at New York Divorce Mediation Group are in fact licensed NYS attorneys) keeping your discussions on point, encouraging the spouses to express their feelings and interests openly, and working through to a mutually agreeable compromise that is fair and equitable to all parties involved, including children of the marriage. For more information, read our post on How Divorce Mediation Works to learn about the mediation process in 5 stages.

At New York  Divorce Mediation Group, we encourage our clients to state their needs, express their concerns and to be honest even when addressing those difficult questions.  Mediation sessions are confidential and are conducted in a safe environment. If you are considering divorce why not speak with one of our Long Island divorce mediators today and explore the benefits of divorce mediation.

When married couples have decided to separate or divorce, we are often asked about the financial benefits of divorce mediation over a traditional divorce. One of the most frequent topics of discussion – on both the husband’s AND the wife’s side – is the cost differences between the two options. After all the family financial situation will be changing, both parties want to preserve their financial resources and limit expenses as much as possible.

When we talk about the costs involved in mediation vs. divorce and how much less expensive those fees are when compared to a typical divorce using two lawyers and incurring the other fees associated with litigation, many inclined towards mediation see the savings as a motivating factor to choose the less costly path. While there is no “one size fits all” in these types of proceedings especially when talking about the divorce court route, here are a few guidelines for your consideration:

• In New York, and especially on Long Island, a typical divorce will include the costs of hiring two attorneys, pre-trial motions, expert fees and the costs of a trial.  Even if the case settles prior to trial, and most do, the costs can range from $20,000 to $75,000 or more.
• Divorce mediation is a fraction of this cost because the spouses are working directly with the mediator in anywhere between 2-6 hourly sessions plus the costs of writing the agreement and preparing and filing the divorce papers.
• Divorce mediation is not only less expensive but it is also a speedier process, and if as many say “time is money”, then being able to amicably legally divorce at far less cost is a winning situation financially and emotionally.

Again these are guidelines only and are not to be considered the actual rates or fees you will experience if you choose either the divorce court route or divorce mediation. We will be happy to discuss your marriage situation, either with or without your spouse present, and disclose actual costs of our Long Island divorce mediation services during our initial free consultation.