White Plains, Westchester County New York MEDIATION ATTORNEY

What is Mediation?

While there are different approaches or styles of Mediation, Mediation is the process whereby parties in Mediation are assisted by a Mediator as they interact with one another, with the aim of solving problems over which the parties are in conflict or are having a crisis and are unable to resolve themselves.

Skills of a Mediator:

A Mediator is someone with special knowledge of the dynamics of conflict resolution and the conceptual tools that can assist parties in their approach to a conflict. The Mediator helps parties see their situation more clearly so that they can make informed choices about their present and future situation in ways they feel are fair and right for them. The Mediator does not represent either of the parties and does not advise them on matters of law, but help the parties identify what it is that they want. Often the two parties in Mediation will engage their individual attorneys outside of the Mediation process for legal advice, particularly in Divorce Mediation.

The Mediation Process:

The Mediation process and the Mediator are impartial--one party’s interest is not promoted over another. The process assists the parties in communicating problem as they see it, focuses on the parties’ interaction, decision-making, emotions, needs, interests and concerns, and helps the parties identify the factors that may be driving their conflict. In a divorce the parties are aided in negotiating all aspects of the divorce, including equitable distribution of marital property, fair property valuation, issues of child custody, securing parenting time, child support and spousal maintenance.

The parties interact directly with one another in a safe environment, with established agreements that foster honesty, transparency and mutual respect.

When Joan Moo Young, Attorney at Law is in the role of Mediator, Joan does not provide legal advice to the parties. The parties will need to engage their attorneys outside the Mediation process for legal advice.

Benefits of Mediation

Mediation empowers parties in reaching their own solutions to their problems rather than having a solution imposed on them as in litigation and court imposed determination. By being aided to effectively communicate, the parties are able to work their way through their problems. This puts parties in a better place to think about their concerns, interests and needs, and to better identify the issues which must to be addressed in order for them to be satisfied and to reach acceptable solutions together. Under these conditions, impaired relationships can improve and the parties are better prospects for cooperating with one another in future. Mediation can help parties get a divorce quicker and at less cost than litigation, since they are not using the court process.

Import Points on Divorce Mediation

Going through a divorce can be the worst period in a person’s life. One or both parties may be experiencing anger, guilt, shame, powerlessness and sadness. Regardless of such strong feelings, the parties must nevertheless find it within themselves to participate in the Mediation process effectively. In order for Mediation to be effective, the power in the relationship between the parties must be fairly balanced and cannot be derailed by the strong emotions that at times accompany a divorce. It is a unique couple who can use Mediation in divorce. The fact that the marriage has failed might cause the parties to be suspicious of each other as to how much money and assets are in the marital estate, where the money is at and what assets may be hidden. Mediation should only be used by couples who know the nature and extent of their marital assets, trust each other, are confident in their ability to speak up for themselves and able to talk to each other respectfully. If one person is domineering, or refuses to fully engage in the Mediation process, then the couple will not be good candidates for Mediation.

Is the Mediation the right process for you in your Divorce, Family Dispute or other Conflict? Do you have what it takes to successfully participate in Mediation? To find out, take a survey by clicking this survey link.

Contact Joan for more information about Mediation or if you are seeking an experienced, skilled and competent Mediator for your divorce.