Poughkeepsie Mediation Lawyer
When you are involved in a dispute that looks like you may not settle unless someone files a lawsuit, you should try mediation first. The process is voluntary, so if you and the other party agree to it, you both resolve the issue as you see fit instead of letting the court decide for you.
Mediation works for personal injury, civil rights, and workplace disputes. But it is also often used in family law during divorces and child custody issues. If collaborating on a solution to a tense problem privately and efficiently interests you, a Poughkeepsie mediation lawyer is ready to get started. Reach out to our dedicated divorce attorneys today.
What is Mediation?
When two parties cannot resolve a dispute, a trained mediator can sit down with them in a neutral setting and help them negotiate a solution acceptable to both sides. Mediators do not offer legal advice or show bias; they are present to encourage the parties to find common ground and agree on terms fair to everyone through a give-and-take philosophy. Both parties give up something to get something, and one party does not take all.
In family law mediation, the parties can hash out their differences, but resolutions consider what is best for the entire family and are not based on vindictiveness or emotions. The mediator keeps negotiations from devolving into accusations and prompts parties to stay on track. This is typically far less stressful for everyone involved than airing personal differences in a courtroom and fighting to win, not to compromise. A Poughkeepsie mediation attorney may help individuals understand the process better during a complimentary consultation.
Benefits of Mediation
Court trials are public and more expensive than mediation. Parties often pit themselves against each other in a battle to win. Mediation offers several benefits over going to court, including the following:
- Mediation is successful, with about half the cases sent to New York State court-ordered mediation resolving without further court intervention
- Mediation takes far less time than litigation
- Mediation costs less than litigation
- Mediation is held in a neutral place as opposed to an adversarial courtroom
- Mediation is binding when the parties agree to a solution, ending the dispute immediately
Although mediation is binding when parties reach an agreeable solution, they can still take the dispute to court if they fail to resolve their differences. A skilled Poughkeepsie mediation attorney can guide adversaries through alternate dispute resolution.
How Family Law Mediation Works
Mediation might be held in the mediator’s office or any private place acceptable to both parties who attend. If the couple is uncomfortable discussing problems in front of each other, the mediator will separate them into two rooms.
The mediator establishes the ground rules and assures the spouses that what they say is confidential. Both parties take turns telling their side of the unresolved issues. For instance, one party may want more spousal support than the other party wishes to pay. Or one party may want to split custody equally each week while the other party wants to move to a different city.
Each party can propose the solution they want and why they want it. The mediator then negotiates with the parties, adding provisions until they agree on one solution. The mediation session is memorialized and presented to the family law judge by a Poughkeepsie attorney as part of the divorce documents.
A Poughkeepsie Mediation Attorney Helps Resolve Disputes Efficiently
When you have issues surrounding a divorce, such as child custody, spousal support, or property division, you may benefit from mediation while retaining your right to go to court if you cannot resolve the problem.
Mediation is cost-effective, private, and promotes an atmosphere of negotiation instead of win-at-all-costs. If parties resolve their issues, results are binding, making the process quick instead of a drawn-out court trial. If you think alternate dispute resolution might be the answer to your problem, contact a Poughkeepsie mediation lawyer to schedule a consultation.