Divorce Mediation

H. Michael Stern, Esq. a Long Island matrimonial attorney and divorce mediator comments on divorce mediation:

Divorce mediation provides parties with complete control over issues and matters to be included in their divorce settlement. Within the bounds of New York law, you can tailor the mediation process to suit the needs of your family. A jointly made decision in mediation is typically incorporated and included in your settlement agreement, also called a separation agreement. If all issues are addressed and resolved, that separation agreement, once signed and notarized, can be the basis for an uncontested divorce under New York’s no fault divorce law.

Since the goal of divorce mediation is to reach an agreement. I will help the parties discuss all of the different issues which are of importance to them. I will help the parties by framing each issue raised in mediation so that appropriate questions can be answered and clarified. I will address details frequently overlooked by the parties when larger issues are discussed. I help the parties by generate options, alternatives and solutions to assist them in reaching an agreement.

Mediation offers many benefits to the divorcing couple. At the outset, it allows the couple to work out their differences in a civil, non-combative atmosphere. Mediation gives the parties complete control over their outcome and does not delegate decision making to a jurist. Mediation is also significantly less expensive and less stressful than combative divorce litigation. Mediation is also less time consuming than litigation. Mediation is a faster process and I can tailor the mediation session schedule to meet the needs of the parties. I can also help the parties finalize their legal separation without spending their often limited financial resources and income on adversarial divorce attorneys and litigation. Since the divorce mediator is impartial and neutral, I will ensure that both parties’ needs and interests are taken into consideration.

In mediation, no decision is ever forced upon a party. The mediator’s role is to provide the guidance needed for the parties to make informed decisions and to arrive at an agreement that works best for them. Upon completion of mediation and the parties’ satisfaction with their decisions, a separation agreement can be drafted to memorialize their understanding. These factors can make all the difference in enabling the parties to recover from their divorce and moving on with their lives.

It is always best to work out your differences rather than engage in embattled conflict in court if it can be avoided. I am a New York matrimonial and family law attorney and divorce mediator with over 30 years of experience.

My office is conveniently located in Garden City, Nassau County, Long Island NY.
I can assist you in mediating your divorce.
Please feel free to contact me at hmsternesq@gmail.com or 516-747-2290 for a FREE CONSULTATION to discuss your legal needs.

If you have been a victim of Domestic Violence, Abuse, or domination by a controlling spouse, please read the paragraph below as mediation is not indicated in those circumstances.

If your marriage has been punctuated by domestic violence, threats of physical harm, or domination and intimidation, then divorce mediation is not for you. The power imbalance between the spouses is too great in those circumstances for divorce mediation to be a successful approach to resolving your marital problems. Simply put, the negotiation process cannot work if a spouse is in fear of harm or of domestic repercussions for decisions made in mediation. In those instances, individual representation by an experienced and skilled attorney is a better choice. As an experienced attorney, I have developed the necessary skills to overcome that power imbalance and level the playing field when dealing with an overbearing or violent spouse. While I believe that divorcing parties should try to work out their differences out of court, sometimes the input of a Judge is indispensable and litigation becomes the preferred option for resolution. I will always assess whether an out-of court settlement is possible before I begin litigation. If I believe an out of court settlement can be reached without immediate peril to the party that I represent, I will try to settle the case before I start a divorce action.

I have been representing parties in Court throughout my 30 year career as a New York divorce, matrimonial and family law attorney.

If you require skilled and experienced Counsel, I can assist you in resolving your marital problems.

Please feel free to contact me at hmsternesq@gmail.com or 516-747-2290 for a FREE CONSULTATION to discuss your legal needs.