Resolving Family Law Disputes Out Of Court
It’s natural to fantasize about “winning” your divorce or custody case. But in reality, litigation is expensive and unpredictable. There is a lot at stake if you lose, and even if you prevail, a trial takes an emotional and financial toll on everyone.
Mediation provides a forum to work out your own solutions without a court battle. The Law Office of Melanie M. Marmer provides mediation services to couples or legal advice to individuals who are engaged in mediation.
Reach out to Melanie Marmer to discuss the pros and cons of mediation and whether this approach is a good fit for your situation.
Mediation Offers A Better Way
Melanie Marmer has practiced family law in the New York City area for three decades. While she has won her share of divorce and custody trials, she has also seen the flip side of litigation – children caught in the middle, bitter spouses airing dirty laundry in court and ongoing feuds between co-parents.
Working with a mediator enables everyone to move forward in a more productive and healthy way. You sit down with a facilitator (without attorneys present) to work toward an agreement. Mediation puts the solutions in your hands rather than relying on a judge or custody evaluator who doesn’t really know your family. Mediation requires a spirit of cooperation, but it can work even for tense and complex conflicts such as:
- Division of marital property and debts
- Child custody and parenting time (visitation)
- The details of the parenting plan and schedules
- Relocation by the custodial parent
The Benefits Of Family Law Mediation
Mediation has multiple advantages over court proceedings:
- Lower expense – Mediation typically costs considerably less than a trial.
- Less animosity – The emphasis is on cooperation, compromise and workable solutions, rather than dwelling on your differences and transgressions.
- Shorter timeline – Mediation is usually much quicker than litigation. You pick the session dates rather than waiting for months to get on the court docket.
- More control – You have a say in the outcome because you are directly engaged in the negotiations, as opposed to have a judge impose the terms of divorce or custody.
- More privacy – Divorce proceedings are a public record. Mediating occurs outside the court system. What happens in mediation stays in mediation.
- More satisfaction – In general, ex-spouses and co-parents are more likely to adhere to the terms of a mediated solution.
Understanding The Mediation Process
Mediators are neutral. They do not represent either spouse or dispense legal advice. The role of the mediator is to facilitate communication, keeping the negotiations civil and productive. The mediator may offer observations, suggest possible solutions and clarify points of law.
Ms. Marmer will sit down with you to explain the parameters and what to expect. The number of sessions will depend on the complexity of your divorce and how much progress you make. Two to four sessions are typical, with each meeting lasting several hours. Once you have reached agreement on all matters, she will draft a marital settlement agreement to be presented to the court for approval.
Get A Certified Mediator With 30 Years In The Family Courts
Melanie Marmer has completed Part 146 Certification as a mediator of disputes that would otherwise end up in the New York State Unified Court System. Her years of courtroom experience and problem-solving skills can help you get to the heart of conflicts and reach a practical compromise that still protects your financial interests and your parental rights.