What is mediation in a divorce?

Mediation in a divorce is a form of alternative dispute resolution, or ADR, which can be used to help settle disagreements between divorcing spouses. Mediation is a voluntary process that involves both parties in the divorce talking through their issues and attempting to reach a compromise. This process is led by a neutral third-party mediator who does not take sides in the divorce and instead helps the couple come to a mutually-agreeable solution. The mediator facilitates an open dialogue and helps the couple explore their options and create a plan of action. The goal of mediation is to avoid a long and costly court battle by creating a resolution that all parties in the divorce can accept. The mediator is not there to make a decision for the couple, but rather to provide guidance and help them work out details without any pressure from either side. Mediation is also a confidential process, which means all discussions remain private. In New York, mediation is mandatory for those seeking a divorce and all parties must attend at least one session. If any part of the agreement reached in mediation is later contested in court, the mediator may be called to answer questions about the process and the conversations that took place during the sessions. Mediation can offer couples a chance to reduce the conflict involved in the divorce process and make it easier to move forward with a plan that both parties agree on.

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