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The Basics of Mediation
Mediation is a tested, sensitive, intelligent approach to the resolution of separation, divorce and custody disputes. It offers divorcing couples a more effective and humane alternative to the traditional adversarial process. With the help of a trained professional mediator, couples in mediation work out their settlement based solely on the needs of the couple and their children; NOT on blame or fault.
Mediation is not intended to resolve past conflicts which may have led to the decision to separate or divorce. Rather, the process seeks to explore options for both the husband and wife, so that they may put the past behind them and concentrate on the present and the future.
Experience has indicated the settlements reached through Mediation are completed more quickly, and are more likely to be honored by both parties, than those reached through the traditional adversarial process.
While the process is "non-legal", understandings are reached on all issues necessary for a Separation Agreement or a Divorce. All laws, acts, guidelines, etc. are followed. The mediatorprepares a plain language MEMORANDUM OF UNDERSTANDING setting forth all the terms needed for a separation or divorce with the exception, of legal language and signatures. The couple may then submit the Memorandum of Understanding to, their attorney(s) who prepares(s) a formal, legally binding Separation Agreement which may also be used as the basis of a Divorce at this time or in the future.
In order to qualify for a New York uncontested, "no-fault" divorce, both parties must agree to the divorce, division of all marital assets, debts, property, custody of the minor children, support for the minor children and spousal maintenance. In an uncontested divorce, the defendant can be served but if he or she does not answer the complaint in divorce then the plaintiff can seek a default judgment in divorce. The defendant can also waive his or her right to answer the complaint.
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