If you and your spouse have decided to go your separate ways, medication can be an extremely useful process to resolve your disputes. Whether it’s a personal deicsion or the court has sanctioned you, this approach has various benefits. If you are considering divorce mediation, please continue reading to learn whether agreements made during this process are legally binding and how a trusted Nassau County Divorce Mediator can help guide you to amicable compromises.
What is Mediation?
Mediation is a form of alternative dispute resolution (ADR) that helps those in conflict resolve their disputes through negotiation. An impartial third party, called a mediator, guides the parties to reach a mutually agreeable settlement. They do not impose a solution but instead act as a channel for communication, offering alternatives and options they may not have previously considered. Mediation sessions create a conducive environment for parties. This is an alternative to litigation. This means that instead of a judge imposing a decision, you and your spouse will have control over the terms that will apply to the termination of your marriage.
There are numerous benefits to choosing divorce mediation. Firstly, this process usually results in a faster resolution, which helps you save substantial money on legal fees. In addition, this process is confidential, meaning everything you say will remain private. If you were to settle your case in court, the information revealed during divorce proceedings would eventually become a public record. However, this process is unsuitable for every couple despite all the benefits. For instance, mediation generally isn’t appropriate in cases where there is domestic violence. Before opting for this divorce route, it’s crucial to consult an experienced Nassau County divorce mediator who can help you make an informed decision.
Is Divorce Mediation Legally Binding in New York?
Mediation is not legally binding unless the parties enter a settlement agreement. Once both parties sign the written contract, the terms outlined will become legally binding. The parties can face severe consequences if the terms are dishonored, including hefty legal fines or civil arrests. It’s important to understand that parties cannot be forced into accepting an outcome that they do not like. Even if you have been ordered by the court to try mediation, you are not required to sign a written agreement.
At The Law Offices of Eyal Talassazan, we understand that every case is unique. As such, we are prepared to discuss your options. Contact our dedicated legal team today to learn more.
