Divorcing Couples Are Increasingly Turning
to Mediation
Divorce Mediation can benefit
a couple who have decided to dissolve their marriage.
Miller Place, NY (PRWEB) June 3 2006 -- Divorce mediation as a form of
marital dissolution is fast becoming the largest single growing area in
the field of alternative dispute resolution. In less litigious states
especially those in no fault jurisdictions mediation has been popular
for years. Initially handled by therapists or social workers in a therapeutic
setting, mediation became popular for its non-involvement with the legal
process.
This theory however, turned out to be somewhat disingenuous in that the
agreement reached still needed to be placed in proper legal form and filed
correctly in order to hold any legal weight. The divorce paperwork still
had to be handled by a knowledgeable legal professional and submitted
according to the jurisdictional requirements.
As these agreements however, aged over time, it became apparent that when
not drafted by an attorney inevitably certain foreseeable items were not
addressed and forced the parties to revisit issues later in family court
or a redraft of parts of the agreement using independent legal counsel.
Some agreements were so badly written that entire actions needed to be
brought in order to modify what was now a judgment. Inevitably the parties
exclaimed that they weren’t properly advised of their rights, which
of course was correct. Law from giving legal advice even if they are familiar
with the law prohibits a non-attorney. This offense is a misdemeanor in
New York State and is one of the reasons why clients are beginning to
make attorneys the popular choice when choosing to mediate.
Choosing the right attorney is essential for the overall success of the
mediation. An attorney walks a fine line during the mediation process,
and may not act as an advocate for either party. The attorney is merely
a dispenser of the laws, which apply, and the statutes, which govern the
matter. All financial documentation belonging to the parties must be shared
within the mediation process and the parties must agree to full disclosure
of all assets.
An attorney may voice an opinion as to the fairness of a particular directive
addressed by the clients and must insure that each is fully aware of the
alternatives and of course their right to seek independent counsel to
review the final document.
An ethical attorney will be quick to refuse to attach their name to a
document they feel is overly unfair or one sided and advise each to retain
independent counsel in the event the parties are unable to reach a fair
settlement.
Helping their clients to decide if mediation is the right course of marital
dissolution is something the attorneys at the Law Offices of Barbera &
McElhone P.C take very seriously. Janine A. Barbera Esq. has been practicing
in the field of matrimonial law for almost 20 years and has the knowledge
and experience to advise you on all aspects of marital dissolution including
mediation. Contact Janine A. Barbera, Esq. for a free consultation. 631-473-5100.
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Press Contact: Janine Barbera
Company Name: BARBERA & MCELHONE
Email: email protected from spam bots
Phone: 631-473-5100
Website:
More Information: http://www.prweb.com/releases/2006/6/prweb393216.htm