Questions about divorce mediation
The questions couples ask us first, with straight answers. Longer answers to the big ones are linked below.
Questions people ask first
Can we mediate if we do not agree on everything?
Yes. Disagreements are common and can be worked through in a structured discussion. Both of you need to be willing to take part voluntarily and negotiate in good faith. The mediator does not decide who is right or force either of you to accept an agreement.
Do we each need a divorce attorney?
The mediator does not represent either of you or give either of you individual legal advice. Each of you may consult your own attorney, and you should understand the legal and financial effect of the agreement before you sign. An attorney for the legal work is included in our flat fee.
How long does mediation take?
Two to three sessions, on average. Simple cases can be resolved in a few sessions. Children, a house, a business, retirement accounts or bigger disagreements can take longer, and sessions are scheduled around both of you.
Is mediation confidential?
Mediation is generally held in private, not in a public courtroom. The exact confidentiality protections depend on your situation and the law that applies to it.
Do we have to go to court?
Mediation helps you reach an agreement, but the divorce still has to go through New York’s legal process. Whether either of you has to appear depends on your case. We prepare the paperwork and file it with the courts.
Is mediation right for everyone?
No. It works best when both of you are willing to communicate openly, share the relevant facts and negotiate in good faith. It may not be right where there are safety concerns or coercion, where one of you is unwilling to negotiate, or where finances are being hidden.