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Divorce Mediation Divorce Mediation

Divorce Mediation

A Practical Path Through Divorce

Divorce mediation offers couples a more private, practical, and collaborative way to resolve the issues involved in separation and divorce. At Kitson, Haffner & Hyde, LLP, Mr. Hyde helps parties work through parenting, support, property, and related family-law issues in a structured setting designed to reduce conflict and keep decision-making in the hands of the people most affected by the outcome.

Mediation is not about one spouse “winning” against the other. The mediator does not act as a judge and does not impose decisions. Instead, the process helps both parties identify issues, exchange information, consider options, anad work toward a written agreement.

Why Consider Mediation?

  • More Control
    Mediation keeps decision-making with the parties, rather than shifting control to a court.
  • More Privacy
    Mediation allows sensitive family and financial discussions to take place in a more private setting.
  • Practical Problem-Solving
    The process focuses on workable arrangements for the future, rather than relitigating every grievance from the past.
  • Better for Co-Parenting
    For parents, mediation can help preserve the ability to communicate and make decisions about children after separation.
  • Efficient and Structured
    A mediator helps identify the issues, organize the discussion, and keep the process moving.

Issues Addressed in Divorce Mediation

  • Parenting schedules and parenting plans
  • Decision-making for children
  • Child support and children’s expenses
  • Spousal maintenance / spousal support
  • Equitable distribution of marital property
  • Marital residence and other real property issues
  • Retirement accounts and pensions
  • Debt allocation
  • Health insurance and life insurance
  • Tax considerations
  • Separation agreements
  • Divorce timing and uncontested divorce logistics

How the Process Works

  1. Initial Consultation
    The parties learn about the mediation process and whether it may be appropriate for their circumstances.
  2. Identifying the Issues
    The mediator helps identify the topics that need to be addressed, including parenting, finances, support, property, and divorce logistics.
  3. Information Gathering
    The parties gather and exchange the financial and practical information needed to make informed decisions.
  4. Mediation Sessions
    The parties meet in structured sessions to discuss options and work toward resolution.
  5. Written Agreement
    When agreements are reached, the terms can be documented in a formal written agreement, with each party encouraged to seek independent legal advice before signing.

Mediation is voluntary. Either party may consult with independent counsel at any point in the process.

Is Mediation Right for Us?

Mediation may be appropriate if:

  1. Both parties are willing to participate in good faith.
  2. Each party is prepared to exchange necessary financial information.
  3. The parties want a private, less adversarial process.
  4. The parties want to preserve a working relationship as co-parents.
  5. The parties are willing to make decisions rather than have a judge decide.

FAQ

What is divorce mediation?
Divorce mediation is a process in which a neutral mediator helps parties discuss and resolve the issues involved in separation or divorce, including parenting, support, property, and related financial matters.
Does the mediator represent either spouse?
No. The mediator is neutral and does not represent either party. Each party may consult with independent counsel for legal advice.
Can mediation address child custody and parenting time?
Yes. Mediation can help parents develop parenting schedules, decision-making arrangements, holiday schedules, transportation provisions, and other parenting-plan details.
Is mediation binding?
Discussions in mediation are not binding unless and until the parties enter into a formal written agreement.
Do we still need lawyers?
Each party may consult with an independent attorney. Mediation does not eliminate the value of legal advice; it changes the role of lawyers from courtroom advocates to advisors during a negotiated process.
What if we cannot agree on everything?
Some parties resolve all issues in mediation. Others resolve some issues and use attorneys or the court for the remaining disputes.
Is mediation appropriate in every divorce?
No. Mediation may not be appropriate where there is domestic violence, coercion, hidden assets, refusal to disclose information, or urgent need for court intervention.
Where are mediation services offered?
Kitson, Haffner & Hyde, LLP offers divorce mediation services from its office in White Plains, New York, with remote options available where appropriate.