Mediation has been found to benefit people with some or all of the following concerns:

• I know what is best for me and my family. I don't want the courts to decide for me.
  

• I am concerned about the high cost of a divorce.
  

• I cannot communicate with my spouse.
  

• I am concerned that my children will suffer.
  

• I am not sure what constitutes a fair agreement.
  

• I need more information about what my financial situation will be
  following the divorce.
  

• I need good and accurate legal information.
  

• I need a plan that provides me with flexibility to deal with future issues that may arise.
  

• I don't want to "fight it out" in the courts now or after the divorce.

2. How does mediation addresses common concerns ?

• A mediated agreement is one that the parties craft for themselves. The mediator will suggest the issues to be discussed, but it is the parties who will determine whether each issue is one to be negotiated. If a complete and fair agreement is reached at the end of mediation, subject to court scrutiny, the New York courts will allow that agreement to become the basis for a divorce decree.
  

• The mediator charges an hourly fee for the mediation sessions and for preparation of the final agreement. Both parties receive mediation services for a single hourly rate. Mediation has been shown to be a cost effective alternative to both parties hiring attorneys to "fight it out". After the agreement has been drafted, it is recommended that each party hire an attorney to review the final terms before it is signed.
  

• The mediation process itself is a learning experience for the parties. They learn how to problem solve together, a skill that will serve them well into the future.
  

• Divorce and separation is difficult for children. However, studies show that as the couple develops communication skills through the mediation process, the children observe their parents working together in spite of any negative feelings between them. As a result, separation and trauma to the family is lessened. Both parents working constructively together provides positive role models for children.
  

• In order to develop a fair agreement there must be full disclosure on the part of each party. Each person must be willing to provide full information regarding his or her finances.
  

• As the parties negotiate the terms of their agreement, the mediator will try to project the impact of the options being discussed. If the family's financial situation is complex, the mediator may suggest the use of outside experts.
  

• At all times during the mediation process, the parties are free to retain an attorney. The mediator is an unbiased participant in the mediation process and will not give legal advice to either party.
  

• An agreement which is methodically worked out over time and which has been given detailed consideration will build in flexibility to deal with future problems that may arise. An agreement made by strangers to the couple's situation, or worse, an order imposed by the court, has much less of a chance to provide constructively for the future.
  

• A mediated agreement allows the couple to maintain privacy. A well crafted agreement in compliance with the law, will be accepted by the courts without the necessity for oral argument in the courtroom. A well crafted agreement will also minimize the chances of either party having to return to court to request further action and will go a long way to preserve a constructive working relationship between the parties.

3. What happens in the mediation meetings?

• Mediation is appropriate at any point in the separation, divorce or post-divorce process. The number of sessions required will depend upon the couple's individual situation. A divorcing couple with children typically requires five sessions to complete an agreement. Each session will last approximately 2 hours.
  

• The parties will discuss all issues related to their particular situation. They will obtain the information they need to make informed decisions, taking into consideration the goals of the other party and the best interest of the family.
  

• When the parties have reached agreement on all issues, the mediator will draft a Legal Separation and Property Settlement Agreement for the parties to have reviewed by counsel of their choice before signing the agreement. At the completion of the mediation process, the parties will be legally separated. They can then proceed on to obtain a divorce or they can choose to remain legally separated.
  

• Common topics covered in the agreement:

Parenting the children

Child support

Spousal support

Additional expenses

Property Division of marital assets and liabilities

Insurance benefits

Income tax exemptions

Divorce process

Other topics discussed according to the parties' needs