Divorce mediation is a confidential, private process in which an experienced neutral mediator helps you and your spouse negotiate a settlement that is acceptable to each one of you.
Mediation, as an alternative to traditional litigation, empowers individuals to choose resolutions that will work based upon their unique circumstances. If mediation is not productive, litigation can always be pursued. Unlike arbitration, a process in which the arbitrator actually makes decisions for the couple, mediation permits each spouse to decide what he or she prefers under the guidance of the mediator and his or her consulting attorney.
FREQUENTLY ASKED QUESTIONS
IS MEDIATION ESPECIALLY BENEFICIAL IN CERTAIN SITUATIONS?
Mediation is extremely beneficial in resolving custody and visitation arrangements and is also very helpful in dealing with financial situations in which a public form is inappropriate.
SHOULD MEDIATION BE AVOIDED IN SOME CASES?
Yes. If there is a history of spousal abuse, mediation should usually be avoided.
WHO IS BEST SUITED TO SUCCEED INMEDIATION?
Mediation works best when both the husband and wife have knowledge of important financial facts. Of course, this knowledge can be obtained during the mediation process and by the use of a neutral financial specialist to investigate and report back to the couple.
IS MEDIATION LESS EXPENSIVE THAN LITIGATION?
Usually. Mediation has saved some couples tens of thousands of dollars. If mediation is the wrong forum in which to resolve a particular dispute, an experienced mediator can discover that fact after only one or two sessions.
WHAT IS THE MEDIATION PROCESS?
Usually a couple meets with the mediator in periodic sessions lasting for one to two hours. Depending on the complexity of the circumstances, the process can take as little as a few weeks or as long as a few months. Assets that would normally have to be appraised in litigation, also must be appraised during the mediation process. These appraisals can delay the resolution, but must be performed to assure the final agreement is fair and equitable. If the mediation is successful, Charles McEvily drafts an agreement. Each party must have her or his own attorney.
WHO IS THE MEDIATOR?
Charles J. McEvily. In New York, there is no current licensing requirement for mediators. Charles brings over 40 years of legal experience divorcing couples into each session.
WHY DO I NEED MY OWN LAWYER?
Although he is an experienced divorce attorney, in Charles McEvily’s role as the mediator, he cannot represent either person, nor give legal advice to either person. Therefore, each person must retain her or his own lawyer for private advice and counsel. Moreover, one basis for setting aside mediation agreements after they have been signed is the failure of one party to have independent legal advice. The issues are too important to take the risk of not having separate lawyers.
HOW DO I GET MORE INFORMATION?
Call Charles McEvily at (516) 222-0202.