 Randi
L. Karmel, PLLC, 425 Park Avenue, 27th Floor, New York, NY 10022 |
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In divorce actions, mediators often are involved in custody
and visitation disputes. Mediation is a process by which the
parties to a divorce (or some other dispute) try to resolve
their disagreements outside of court with the help of a mediator.
The mediator cannot force a settlement, but tries to assist
the parties to clarify their interests and work out their own
solution.
Mediation often has the advantage of being less costly and quicker
than prolonged negotiations by attorneys or resolution of a
case by a judge after a contested trial. Most people who settle
their cases through mediation leave the process feeling better
than they would have felt if they had gone through a bitter
court fight.
Mediation can have disadvantages--at least in certain cases.
If, for example, the purpose of mediation is to settle financial
issues and one party is hiding assets or income, the other party
might be better off with an attorney who can vigorously investigate
the matter.
Another problem with mediation can arise if one party is very
passive and likely to be bulldozed by the other. In that situation,
the mediated agreement might be lopsided in favor of the stronger
party. Some mediators may refuse to proceed with mediation if
it looks as though one side will take improper advantage of
the other.
If the parties resolve their disagreements through mediation,
the attorneys for one or both of the parties still may be involved
in finalizing and approving the agreement.
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