Mediation Benefits

No matter how you look at it, divorce, by definition, is the end of something you once held very dear. It’s completely understandable if you are stressed, overwhelmed and even angry about the decision to end your marriage. It’s important to know that you have options regarding the divorce process that may keep you out of court while still protecting your legal and financial interests.

Jonathan D. Katz, Esq. is an experienced divorce lawyer and family attorney woring with clients in Kingston, New Paltz, Saugerties and throughout New York State. He strongly believes that an mediation process – one that involves both attorneys who will protect your interests and a qualified, knowledgeable mediator – is in the best interest of couples who want to divorce with dignity. Like other forms of alternative dispute divorce resolution, mediation allows couples to have control over the process while still being protected by a lawyer who can guide them toward a long-term solution that’s in their best interests. The addition of a neutral, legally astute mediator helps to facilitate the process.

As a skilled divorce mediator, Mr. Katz is happy to explain the benefits of alternative dispute resolution, specifically mediation, during a phone or in-person consultation for clients in Shandaken, Wawarsing, Poughkeepsie and across NY. He has over 36 years of experience guiding clients in the Mid-Hudson Valley of New York through the divorce process and firmly believes that mediation offers a wide range of benefits for his clients in Ulster, Dutchess, Orange, Greene and Columbia counties.

This type of mediation process, as described by experienced divorce lawyer and mediator Mr. Katz, is a combination of traditional mediation and some aspects of collaborative law divorce. It offers divorcing clients the best of both options.

In traditional mediation, the two spouses attempt to work out their differences without lawyers using the guidance of a neutral mediator. It’s important to note that the mediator is not necessarily a divorce lawyer; they are simply there to move the process along as the two spouses discuss and attempt to compromise and agree on various issues. Collaborative law divorce, on the other hand, allows the spouses to bring their respective lawyers to the table to represent their best interests. However, in addition to paying the lawyers, they agree to pay outside experts such as business appraisers, real estate consultants, parenting counselors, accountants and other financial types, to facilitate an agreement.

The objective of both mediation and collaborative law is to come to a win-win solution for both parties. Both of these options are non-binding, which means either spouse can head to court at any time if an agreement can’t be reached.

Mr. Katz believes the divorce mediation process should include the spouses, their lawyers and a qualified family law mediator. In this way, the divorcing parties have the benefit of their own legal counsel and an impartial party – the mediator – who can facilitate discussion. Since Mr. Katz is both a savvy divorce lawyer and a trained mediator, clients who choose mediation have the best of all worlds. As a mediator in this process, Mr. Katz can work with the lawyers to promote understanding and a fair and equitable outcome.

Both collaborative law divorce and traditional mediation promote a do-it-yourself style of divorce. There are many templates available for download on the Internet. Many people are turning to collaborative law and traditional mediation because they think it will be easier and cheaper than pursuing other divorce options.

• Collaborative law divorce takes the process out of the courtroom and aims to focus on problem-solving and compromise, rather than “fighting to win.” People see this as a less expensive way to get divorced because court is avoided. However, this is not necessarily true at all.

• Mediation, another non-binding form of dispute resolution, also seeks to facilitate an amicable solution. However, without any legal guidance, you have no one by your side helping to protect your rights and interests. Since no lawyers are involved, once again, many people wrongly believe using mediation to divorce is a cheaper way to go.

So, while collaborative law divorce and mediation may, in fact, promote harmony and encourage conversation, these seemingly “less expensive” options can often cost you more in the long run. This is true because, in an effort to compromise, you may not cover all of the issues properly. You may feel pressured into agreeing to something that isn’t in your best interests. And, you may not be able to foresee that something you gave up will be critically important later on. When this happens, you may find yourself in court – with lawyers – after all.

If your divorcing spouse has suggested divorce mediation or another alternative dispute resolution technique, contact Mr. Katz as soon as possible. He will review the pertinent information and advise you about your options. If you choose mediation, he will guide you through the process every step of the way. If you opt for another alternate dispute process or even a traditional divorce trial, Mr. Katz will be on your side.

Contact us calling (845) 834-4747 (toll free (866) 614-8872 from the U.S.) or fill out the online contact form to schedule your consultation with Jonathan D. Katz.