As our legal system becomes more complicated, time consuming and costly to use, many couples are turning to Divorce Mediation in an effort to settle their differences and obtain a divorce through the use of an impartial Divorce Mediator.
By utilizing the services of a Divorce Mediator, a couple can often together settle the open issues in their divorce in a much less hostile and adversarial manner than by participating in litigation through the Courts. Should this occur, the Divorce Mediator, if he or she is an attorney can then act as a "neutral scribe" and prepare a Settlement Agreement (and the related documents necessary to process the divorce) for the couple based upon the verbal agreement which was facilitated by the Divorce Mediator. If the mediation is successful, the parties can typically obtain a divorce much more quickly and much less expensively than if they were to litigate their matter in Court.
It is the job of the Mediator to assist a couple to fully and completely discuss and understand each unresolved issue in their divorce so that they can together find solutions to their problems which seem fair and reasonable to both of them.
In doing so, the Mediator will use certain proven mediation techniques in an attempt to help the spouses calmly communicate with each other in order to try to resolve their differences. It is important to bear in the mind that the Divorce Mediator is prohibited from legally representing either party and cannot give either party specific legal advice as to how they should proceed. The Mediator can inform the couple about the law in New York State as it applies to Divorce and Legal Separation but cannot actually give them specific recommendations as to how they should proceed.
It is important to also bear in mind that, because the Divorce Mediator cannot legally represent the interests of either the parties, they sometimes choose to each retain the services of an independent Divorce and Family Law attorney to advise them how to protect their respective rights and to specifically counsel them as to how they should proceed. Although doing so is not mandatory, it is something that many couples elect to do in order to be sure that the choices that they are making in the mediation are in their own best interests and are legally sound.
Here at the Law Office Of Anthony Broscritto, Jr., we offer both Divorce Mediation services, as well as independent legal representation for clients who are involved in the Divorce Mediation process with another Mediator or Mediation Firm. This type of legal service is called Collaborative Divorce representation.
Tony Broscritto's participation as both a Divorce Mediator and a Divorce Lawyer allows him to help individuals by using and applying his intricate knowledge of the New York State Divorce Laws to all types of situations, while also taking advantage of his ability to calmly lead people toward sensible resolutions of their divorce-related problems in what are often very bitter, frustrating and acrimonious circumstances.
If you are interested in pursuing an alternative to expensive, time consuming litigation or if you are simply not sure if Divorce Mediation is right for you, we would welcome the opportunity to speak with you about how the Divorce Mediation process works and also about Tony Broscritto's own unique philosophies and insights concerning Divorce Mediation and its ability to achieve a calmer, less hostile resolution of your divorce issues. We encourage you to contact us with your questions.