How Mediation Works

Parties meet together in approximately one to two hour-long sessions with an experienced, trained Mediation Works, Inc. mediator.  The number of sessions necessary to reach a settlement varies, depending on the complexity of the issues presented and the level of communication between the parties.

Mediation is a completely voluntary process and may be ended at any time by either participant.  All mediation sessions are confidential.  Mediators do not act as therapists or as judges.  Mediators have undergone specific training to effectively facilitate negotiations.

Legal information, as needed, is provided in a neutral way to ensure full understanding of the various options being considered.  At the conclusion of the mediation sessions, a written agreement is drafted reflecting the negotiated settlements.

By mediating your disputes, you maintain complete control over decision-making and are able to make informed decisions about the issues affecting your life.  People are more often satisfied with the process and outcome of mediated rather than litigated settlements.  This is because the mediator helps people in conflict to focus on the specific issues relevant to their personal situation.

A neutral mediator assists the negotiations – ensuring that information is gathered and shared, that interests are stated, and that goals are achieved.  Decisions are never imposed, but rather developed and ultimately made by the parties themselves.  Clients are empowered when they resolve their own conflicts and are each more likely to comply with the agreements they reach in mediation.

You may seek advice and support from a variety of friends, community leaders and professionals at any point during the mediation process.  You may wish to consult with an attorney of your choosing and/or an accountant to ensure that you have complete understanding of the decisions you make.  No document will be signed until you feel absolutely comfortable.

If you are participating in divorce mediation with us, New York divorce papers can be drafted and filed by an attorney at Mediation Works so you never have to step foot in court to finalize your divorce.

Separation and/or Divorce

An attorney mediator assists you in addressing and collaborating on all the decisions important to your separation and/or divorce.  The mediator provides you with a legal context for the decisions you make and access to other professionals including therapists, coaches and financial experts, who can be consulted at any point in the process.  At the conclusion of the mediation process, the mediator will draft a Separation Agreement capturing these decisions, giving you ample opportunity to review and refine your Agreement before you sign it.  Should you also move forward with divorce, your Agreement will be incorporated with your divorce papers, which can be drafted and filed by an attorney at Mediation Works so that neither of you will have to go to court to finalize your divorce.

Mediation to Stay Married

A mediator trained specifically in Mediation to Stay Married (also referred to as Marital Mediation) will help you identify the issues affecting your relationship and, if you prefer, draft an Agreement outlining the solutions you develop to resolve these issues.  Common issues such as communication, trust and respect, financial responsibilities, parenting, infidelity and health are framed as solvable problems to be addressed collaboratively with the mediator’s support.  While Marital Mediation is not couples counseling, for many couples it is used either as an alternative or complement to counseling.  The emphasis of Marital Mediation is on recognition and behavior change as the means of transforming and strengthening the marital relationship for the future.

Prenuptial

Prenuptial agreements are no longer just for the rich and famous.  Communicating about your financial intentions before you walk down the aisle will stimulate openness and ultimately serve to enhance your marriage.  A mediator can guide you and your fiancé through the process to help you untangle the legal economic web and make responsible decisions about your financial future.

Co-Parenting Plans

Contemplating (or already) raising a child with someone to whom you are not married? 
Mediation can help sort out how to most effectively co-parent under non-traditional circumstances.  A mediator will help you navigate the often murky legal and emotional terrain of parenting and assist you in reaching agreements about all areas of parenting, such as scheduling, child support, and how to handle the holidays.

Co-Habitation

If you’re thinking of living with a partner for the first time, mediation can help support you in making agreements ahead of time so that you can move in with compatible understandings and expectations.  Whether you want to reach mutual agreement as to property ownership or household chores, mediation can guide you in reaching thoughtful decisions that will serve to maximize your shared living arrangement.

Parents and Teens

At the mediation table all parties have an equal voice.  The mediator helps parents and teens attain greater mutual understanding about struggles related to independence, friendships and dating, academics, and respect and communication with family members, including step-parents and step-siblings, for blended families.  Where understandings lead to agreements, the mediator will draft a written document parents and teens can reference to remind them of the agreements made in mediation.

Elder

In this dynamic process, the mediator assists family members and other important stakeholders, such as doctors and caregivers, in the way they communicate and collaborate about each individual’s financial, professional and/or personal responsibilities to the parent, and the parent’s estate-planning requirements, living circumstances, health needs and overall quality of life.  The mediator supports the elderly parent and anyone with an important relationship to him or her, to plan ahead for change and, when necessary, to resolve conflicts about changes that have already taken place.

Interpersonal

Mediation is especially helpful if you are experiencing any kind of dispute with a loved one, a friend, a co-worker or a neighbor, to give a few examples.  For any relationship that you are looking to repair for the long-term, a Mediation Works mediator can guide and facilitate communication and open up dialogue to help resolve a variety of personal disputes.