3 Key Issues Discussed in Divorce Mediation
Sometimes, the best way to resolve a conflict is through compromise. The same principle rings true when it comes to divorce, as couples choose mediation over litigation. Indeed, mediation is the more amicable and more affordable way of settling things between a former couple. There are still those who remain curious about what goes on during a mediation process. Put simply, it is the act of a couple (in some cases, with their respective lawyers) meeting with a neutral third party to decide on a compromise regarding life after the split. Attorneys say the mediation process discusses three core areas:
Parenting This is normally the bulk of the discussion – and in some cases, the most emotional part of the mediation. The couple decides who keeps the legal custody of their children, as well as the primary residence. Parenting also encompasses different setups for holiday and vacation visits, child care providers, transportation, right to communicate, child support, insurance, medical expenses, and everything related to the welfare of the children.
Spousal Support and Inheritance Rights Divorce mediation goes beyond what happens to the splitting couple and the child. Mediators also talk about spousal support and inheritance rights. The former, of course, depends on whether or not the spouse qualifies for spousal support.
Asset and Debt Division Lastly, the couple has to decide who keeps which asset and how they plan to share incurred debts. The discussion could take quite a while, as it would span pensions, annuities, social security, and IRAs among many others. Both real property and personal property go through distribution, as well as all the debts of the household. Miscellaneous concerns may arise depending on the case of the two partners. Grandparents’ rights may come into the discussion, as well as pet care and expenses, future modifications, and legal representation.
The mediation process discusses everything the couple has to talk about before they officially call it quits. It may be a long procedure, but it is worth it given the way it irons out the life of an entire family after the divorce.
Resources:
http://www.divorceattorneyinlon gisland.com/mediation/
https://www.childsupport.ny.gov/ dcse/pdfs/cssa_2014.pdf
http://www.nolo.com/legalencyclopedia/new-york-divorce31763.html