Mediation is a voluntary, cooperative settlement process in which a neutral professional helps you make practical, informed decisions to resolve your differences. It is used frequently and successfully by separating and divorcing couples who want to plan their futures rationally, in an atmosphere of cooperation and mutual respect. With the guidance of a trained mediator, you work together through a series of orderly steps to create a fair and reasonable agreement. The mediator helps you define the issues to be settled, gather and analyze the necessary information, and communicate effectively. After evaluating your options, youand only youmake the decisions that become the agreement. The goal of a successful mediation is to reach an agreement that is custom-made for your family, your finances, and your future. At the conclusion of the mediation process you will have a full and complete Memorandum of Understanding ready to be reviewed and filed by the attorneys of your choice. Once the parties have shared all relevant financial and related documents, reached agreement and signed a Property Settlement And Separation Agreement, this forms a contract which is valid and enforceable as such. Usually, parties who complete mediation have created an agreement which truly represents their decisions on the issues, so enforcement is not a problem. People respect and honor agreements which are made voluntarily. In litigation, it is not uncommon after a lengthy divorce for parties to continue fighting by each bringing actions for violations or changes to the Judgment of Divorce. Often, this type of agreement was reached after someone or both parties ran out of patience and/or money, and very reluctantly and unhappily agreed to the terms of divorce which were "hammered out".

Answer Applies to: New York
Replied: 11/15/2011

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Mediation is a process where the two parties sit down with a mediator in an attempt to solve their differences through negotiation and discussion. The mediator acts as a neutral facilitator, does not take either side, and tries to assist the parties to see each other's side in an effort to reach an agreement on the issues. It is not binding on the parties such as a court order would be, but a mediation agreement is usually signed by the parties as a good faith effort to agree on the issues. It is usually more expedient and definitely less expensive than traditional litigation. And it's non-adversarial as opposed to the litigation model.

Answer Applies to: New York
Replied: 11/14/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Divorce mediation is a more convenient and less expensive way for two adults to get divorced. In order for a mediation to be successful both parties should be open minded and ready to compromise.

Answer Applies to: New York
Replied: 11/14/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Mediation is a process in which the two parties meet with a specialist who attempts to assist the couple in resolving issues and developing a settlement agreement. At that point the parties are free to have the agreement reviewed by an attorney of their own choosing.

Answer Applies to: New York
Replied: 11/14/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.