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What To Know Before Mediating Your Divorce

Dealing with a divorce can be extremely trying from a legal standpoint. When emotions are factored into the mix, things can get even more complicated. From the division of assets to the custody of your child, divorces can be both emotional and very difficult to resolve. Mediation is a process whereby a third party facilitates a conversation between you and your spouse to aid you in reaching a resolution. At Astor Weiss Kaplan & Mandel LLP, our lawyers have compiled the following tips to ensure that you know everything there is to know before agreeing to the mediation process.

Always Consult Your Attorney First

Although mediation can be an effective method of conflict resolution, other methods such as litigation may be more suitable for you depending on your current situation. It is always best to consult with an attorney first to ensure that you are aware of your rights and responsibilities under Pennsylvania law. Ideally, each party should have independent counsel throughout the process so that your decisions are informed and fair. Mediation can only begin when both you and your spouse agree to the mediation, so make sure you have adequate legal counsel before making your decision.

Mediators Are Neutral Parties

Mediators are neutral parties whose sole purpose is to aid two people in coming to an understanding. They are not there to give either party legal advice or take the side of one person over the other, rather they are there to ensure that emotions do not get out of control and an agreement is reached in a calm and respectful manner. At Astor Weiss Kaplan & Mandel LLP, our family lawyers should be consulted first before negotiating with your spouse.

Compromise Is Essential

The mediation process will only work if each party is willing to compromise and temporarily set aside their emotions. If you do not think that both of you can reach an understanding, mediation may not be an effective process for you. Having a lawyer represent you in court may be a more practical option. However, finding a resolution in court will likely lead to more costs and more stress.

For those considering entering the mediation process, our lawyers can provide you with all of the legal advice you need to guide you through the process. Furthermore, some of our lawyers are also trained mediators, so if you do decide to go with mediation, we can help you and your spouse reach a resolution.

Discuss Your Options With Our Knowledgeable Attorneys

During your initial consultation, we can help you determine which conflict resolution method is best for you. Learn about our family law practice and the legal services we provide by making an appointment for an initial consultation. Just call 215-790-0100 or send us an email.

Our Family Law Attorneys

Photo of Gerald J. Schorr

Gerald J. Schorr

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David Gutin

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Julie A. Auerbach

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Judy McIntire Springer

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Katherine R. Sookhoo

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David I. Grunfeld

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Dina S. Ronsayro

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Julia Morrow