Petroske Riezenman & Meyers, PC is a distinguished law firm based on Long Island, New York, dedicated to family law. With a dedicated team of experienced attorneys, our firm serves clients in both Suffolk and Nassau Counties. Our legal expertise spans a wide array of family law matters, including divorce, child custody, child support, spousal support, and more.
Our focus is on providing comprehensive legal services tailored to the unique needs of each client. Our firm handles contested and uncontested divorces, separation agreements, child custody and visitation rights, and post-judgment modifications. Our attorneys are well-versed in both mediation and litigation, ensuring that clients receive the best possible representation regardless of the chosen path.
With over 100 years of combined experience, the attorneys at Petroske Riezenman & Meyers, PC are adept at navigating the complexities of mediation and litigation in divorce cases. Our extensive experience allows us to guide clients through the mediation process, which can often be a less adversarial and more cost-effective alternative to litigation. However, when litigation is necessary, a divorce attorney from our law firm is prepared to advocate vigorously on your behalf.
The team at Petroske Riezenman & Meyers, PC is committed to providing personal attention and tailored advice to each client. We understand that every family law case is unique, and we take the time to listen and understand the specific circumstances and goals of our clients. Whether through mediation or litigation, the goal of a family law attorney is to help clients make informed decisions and achieve the best possible outcomes in their legal matters.
Divorce Mediation and Its Benefits
Divorce mediation is a process in which a neutral third party, known as a mediator, assists divorcing spouses in negotiating and resolving issues related to their separation. The mediator facilitates discussions between the parties to help them reach mutually acceptable agreements on various matters such as property division, child custody, child support, and spousal support.
Benefits of Divorce Mediation
Cost-Effective: Mediation is generally less expensive than litigation. By avoiding a prolonged court battle, both parties can save on legal fees and court costs.
Time-Saving: Mediation can be quicker than litigation, which often involves lengthy court proceedings. This allows both parties to move forward with their lives more swiftly.
Control Over Outcomes: Mediation empowers the divorcing couple to make their own decisions rather than having outcomes imposed by a judge. This can lead to more satisfactory and personalized agreements.
Reduced Conflict: The mediation process is designed to be collaborative rather than adversarial. This can help reduce the emotional strain and conflict often associated with divorce, fostering better communication and cooperation between the parties.
Better for Children: Mediation can be less stressful for children, as it promotes a more amicable resolution. Parents who mediate are often better able to co-parent effectively post-divorce.
By choosing mediation, couples can work towards a more harmonious and efficient resolution to their divorce, benefiting them and their families.
Divorce Litigation and its Scenarios
Divorce litigation is the process of resolving divorce-related disputes through the court system. In this adversarial process, each spouse typically hires an attorney to represent their interests. The case is presented before a judge, who makes the final decisions on issues such as property division, child custody, child support, and spousal support.
Scenarios Where Divorce Litigation May Be Necessary
High Conflict Situations: When there is significant animosity between the spouses and they are unable to communicate or negotiate effectively, litigation may be necessary to resolve disputes.
Complex Financial Matters: Cases involving complex financial issues, such as business ownership, high-value assets, or hidden assets, often require the detailed discovery process and expert testimony available through litigation.
Disputed Child Custody: When parents cannot agree on custody arrangements or there are concerns about a parent’s fitness, litigation may be necessary to ensure the best interests of the children are protected.
Domestic Violence or Abuse: In situations involving allegations of domestic violence, abuse, or neglect, litigation can provide the necessary legal protections and restraining orders to ensure the safety of the affected spouse and children.
Non-Compliance: If one spouse is uncooperative or refuses to participate in mediation or negotiation, litigation may be the only option to compel compliance and resolve the divorce.
Legal Precedents and Rights: When legal precedents or specific rights need to be established or clarified, litigation may be necessary to achieve a legally binding resolution.
Benefits of Divorce Litigation
Legal Framework: Litigation provides a structured legal framework and clear procedures, which can be beneficial in resolving complex or contentious issues.
Advocacy: Having your own attorney means you have someone to advocate for your best interests, fight for you, and advise you on rights and obligations. In mediation the mediator is not allowed to give legal advice so you may end up giving up something that you did not even know you were entitled to.
Enforceability: Court orders resulting from litigation are legally binding and enforceable, providing a clear resolution to which both parties must adhere .
Protection: Litigation can offer protection for vulnerable parties, such as those facing domestic violence, by allowing the court to issue protective orders and other necessary measures.
While divorce litigation can be more time-consuming, costly, and emotionally draining than mediation, it is sometimes necessary to ensure a fair and just resolution, particularly in complex or high-conflict cases.
Divorce Mediation vs Litigation: Which Is Right for You?
When considering whether an alternative dispute resolution is right for your divorce process, here is what to consider.
Process
Mediation involves a neutral third party, the divorce mediator, who facilitates discussions between the divorcing spouses to help them reach mutually agreeable solutions. The process is collaborative and focuses on open communication and negotiation. The mediator does not represent either party and cannot provide legal advice to either spouse. In contrast, litigation is an adversarial process where each spouse hires an attorney to represent their own interests in negotiations and in court. If a settlement cannot be reached by the attorneys, the case is presented before a judge, who makes the final divorce decree on contested issues.
Duration
Mediation is generally quicker than litigation. The timeline for mediation can vary but often takes a few weeks to a few months, depending on the complexity of the issues and the willingness of both parties to cooperate. Litigation, on the other hand, can take much longer, often spanning several months or even years due to court schedules, procedural requirements, and the potential for appeals.
Cost
Mediation is typically less expensive than litigation. The costs in mediation are mostly related to the mediator’s fees and preparation of documents. In contrast, litigation involves higher costs due to attorney fees, court costs, expert witness fees, and other related expenses. The adversarial nature of litigation can also lead to prolonged disputes, further increasing the financial burden.
Emotional Impact
Mediation tends to have a lower emotional impact on the parties involved. The collaborative nature of mediation encourages communication and cooperation, which can reduce stress and conflict. This is particularly beneficial when children are involved, as it promotes a more amicable post-divorce relationship. Litigation, however, can be emotionally draining and stressful. The adversarial process may exacerbate conflict and animosity, making it more challenging for the parties to maintain a civil relationship post-divorce.
Mediation can offer a quicker, more cost-effective, and less emotionally taxing alternative to litigation. However, in cases involving high conflict, complex financial matters, or concerns about abuse, or where a spouse prefers to have a dedicated attorney negotiating on their behalf, litigation may be the best option to ensure a fair and just resolution. Litigation is not always contentious and prolonged. It’s more of a continuum. In some cases, each party gets their own attorney and the two parties are able to negotiate a settlement out of court, an “amicable divorce.”
Each method has its advantages and is suited to different scenarios, making it essential for divorcing couples to carefully consider their unique circumstances when choosing between mediation and litigation. For more information on this decision and all other legal issues relating to divorce, please contact a divorce lawyer from Petroske Riezenman & Meyers, PC.