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Family Law Blog New City, New York

News and insights about divorce and family law in New York.

Divorce Mediation

Divorce mediation stands out as a voluntary alternative dispute resolution, offering divorcing couples a departure from the conventional court proceedings. This approach prioritizes a less adversarial and more cost-effective resolution, emphasizing compromise to settle the dissolution of marriage.

In the typical divorce mediation scenario, a mediator facilitates discussions between the divorcing partners to reach agreements on crucial issues. These encompass, but are not restricted to:

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Navigating Pet Custody with Mediation: Ensuring the Best for Your Furry Friend

For divorcing couples who share a beloved pet, the question of pet custody is a unique and often emotionally charged concern. In the past, pets were regarded as mere property, and courts would determine pet ownership based on various factors. However, there's a growing shift in New York and beyond, where couples are moving away from this traditional view, opting instead for alternative dispute resolution methods, such as mediation, to establish a custody arrangement that prioritizes their pet's well-being. Mediation not only eases the stress of traditional litigation but also ensures that your furry friend continues to receive the love and care they deserve.

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How Mediation Can Make Your Divorce Easier

Divorce planning includes many decisions you may not have anticipated. Some decisions aren’t included in a prenuptial agreement. This may include visitation arrangements for your children, property division, spousal support, and other things not covered in the prenup.

In years prior, when a couple decided to split, they both hired their own attorney and handed everything to them. Conflicts were handled by the attorneys, whether they developed before or after filing. Spouses frequently fought over these conflicts, leading to expensive litigation that left everyone with ill feelings.

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What Does Mediation Cost Vs. Divorce Litigation?

One of the most unnerving aspects of a divorce is the expense. Litigation involves filing fees, court costs, attorneys’ fees and other expenses. When a couple can’t agree on how to end their marriage and make child custody arrangements, sparring between their attorneys can drive up costs. The more acrimonious a divorce becomes, the more expensive.

But more couples are discovering mediation to resolve the conflicts amicably to avoid pricey litigation. Even the most adversarial couples can be helped by a mediator who works for a win-win solution. This process can save both parties money as well as reduce the time it takes to finalize a divorce.

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How Mediation Can Resolve Family Conflicts

 

Even in an uncontested divorce, difficulties can arise. Whether it's childcare, property division, or other sticking points, you and your partner may continually argue about the same thing. You may be at the point where you're ready to take them to court and litigate everything.

This isn't necessary.

If you and your partner keep having the same discussions that go back and forth without any resolution, consider working with a third-party mediator. They can help you work through the things that are keeping you from finishing your divorce.

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New York Divorce Mediation and Nesting

One of the hardest struggles for families going though a divorce, especially those with young children, can be the division of the family into two separate homes. For children, the process can increase feelings of upheaval, stress, and loss while parents may struggle with the financial burden of acquiring a second home, paying property taxes, and the cost of replacing household items that became property of the other spouse at the conclusion of the proceedings.

Some families, however, have developed their own unique way to slowly progress towards living in separate homes: “nesting” or “bird nesting” has become a smart option for families that want to reduce upheaval in the home and save money on expenses.

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Divorce Mediation and Gray Divorces

Divorce rates are increasing for couples in long-term marriages. Known as a “gray divorce,” these couples have issues unique to the length of their marriage as well as their age.

Gray divorces are much more complex than the divorce of a couple married for a shorter time: special issues like retirement, home equity, and possible ailing health of the parties can complicate the divorce process significantly.

As the rate of gray divorces continues to climb, so does the number of couples who choose divorce mediation over traditional divorce litigation.

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Is Mediation Right for Your New York Family Law Case?

New Yorkers know that litigation is time-consuming, expensive, and stressful. Traditional litigation has its place, but when the case involves families, an alternative resolution option that is less adversarial often works best to protect the relationships and happiness of the parties involved. If you are a New York resident who would like to avoid the cost, stress, and time-commitment of traditional litigation and think mediation might be a good solution for you, read on for a brief explanation of mediation and examples of the types of cases that can be successfully mediated in New York.

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Pet Custody and Mediation

Divorcing couples who are also pet owners have unique concerns about what happens to their beloved friend once their marriage ends. In the not-so-distant past, pets were seen as the property of one or the other spouse, and “ownership” of the pet was granted based on a number of factors by the court.

Increasingly, New York couples are rejecting the traditional view of pets as property and are instead looking to alternative dispute resolution methods, such as mediation, to develop a custody arrangement that is in the best interest of their pet. By choosing mediation, pet owners can avoid the stress and high cost of traditional litigation, while ensuring that their pet continues to receive the love and care it needs.

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How Caucus Can Help Your Divorce Mediation

Generally, mediation occurs in joint sessions with both parties present. The idea behind joint sessions is that compromises are best reached when both parties are present and participating. Joint sessions can have drawbacks however: some clients are uncomfortable revealing certain aspects of their divorce in front of their partner or the divorce may be so contentious that the presence of both parties hinders mediation.

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Common Myths About Mediation

Common Myths About Mediation in new york stateAs mediation becomes more popular, common myths about mediation have developed that confuse or dissuade prospective clients from pursuing alternative dispute resolution, despite its proven effectiveness. In this article we will address common myths about mediation and shed light on the reasons why these myths are false.

Only people who agree on key issues can mediate

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Steps in a New York Child Custody Mediation

custody support modification new yorkIn New York, child custody mediation is not mandatory; however, many parents choose mediation over traditional court proceedings because of the affordability and efficiency mediation offers. Mediation is a great way for each parent to be able to address their concerns while working with an experienced mediator to reach a child custody agreement that is a long-term workable solution for the entire family.

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How to Prepare for Mediation in Four Easy Steps

How to prepare Mediation in Four Easy StepsMediation is an alternative dispute resolution wherein the parties, with the help of a mediator, can retain more control over the outcome of their legal dispute without the expense, time commitment and adversarial nature of traditional court proceedings.

Before embarking on your first mediation session, there are four simple steps that you can utilize to make your mediation effective and as stress-free as possible.

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5 Benefits of Family Law Mediation

5 Benefits of Family Law MediationTraditionally, family law cases are decided in the court system. However, some parties choose a type of alternative dispute resolution known as mediation to resolve their family law cases. Below are five benefits of choosing mediation for your New York family law case.

1) Cost-effective

Families that choose mediation over conventional court proceedings save money. Mediation typically costs thousands of dollars less because attorneys typically charge a lower rate for mediation services. Also, a resolution is reached through mediation much faster than a case would be decided in court so both parties save money on accumulated attorney fees, excessive court costs and other associated expenses.

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Divorce Mediation

divorce mediationDivorce mediation is a type of voluntary alternative dispute resolution that allows divorcing couples to forego traditional court proceedings in favor of a less contentious and more cost-effective compromise-based resolution of their marriage.

In a typical divorce mediation, the mediator will help you and your partner reach an agreement on several important issues, including but not limited to:

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