NY Divorce Mediation
NY divorce mediation empowers you and your spouse to settle your differences in a non-confrontational way by reaching a tailor-made agreement geared towards your unique situation and interests.
Mediation enables you to maintain control of your divorce, significantly reduce the overall costs of the divorce process, resolve your differences in a compassionate and non-adversarial way, and shield your children from the devastating consequences of litigation.
In NY divorce mediation, we help you retain control of your divorce by empowering you to make important decisions that will affect you and your family in the the future, rather than leaving your fate to the often callous judicial system.
Contact David Centeno Law today for your free consultation regarding how mediation can help you by calling (866) 830-2064.
Mediation has been proven through numerous studies to be one of the most efficient and cost effective ways of resolving divorces.
The mediation process allows couples to work out difficult issues without the need for costly litigation and attorneys fees.
We mediate your divorce online for your convenience, utilizing video conferencing software so that you can be in the comfort and privacy of your own home during the process.
NY divorce mediation is the SMART™ way to resolve differences in a divorce as it is a less time consuming, more cost effective, and less adversarial process that results in agreements that are customized to your unique needs and interests.
We have created an acronym for mediation because it is the SMART™ way to end your marriage:
S – solves the issues that are unique to you and your spouse
M – more money and time are left over at the end of the process for you and your family
A – agreements resulting from mediation are often better and statistically proven to be complied with more
R – realize your goals for privacy, control and shielding your children from contentious litigation
T – take control of your future rather than submitting to the uncertain court process
David Centeno Law offers compassionate and professional divorce mediation services throughout New York State. We are a top New York divorce mediation law firm — your divorce will be mediated by a NY divorce mediation attorney with 39 years of divorce law and mediation experience.
If you have a New York divorce matter where you and your spouse need help reaching a resolution, we can help you mediate a resolution in a non-adversarial manner.
If you and your spouse want to mediate, we can schedule a consultation with both of you to discuss your unique situation, the NY divorce mediation process and how mediation may benefit you and your family.
Traditional divorce litigation can cost 10’s, if not 100’s, of thousands of dollars. Yes, you read that right!
Our mediation retainers start at just $5,000.
Call us to schedule your divorce mediation consultation.
As New York divorce mediation lawyers we help you keep your case out of court and significantly reduce the cost of your divorce.
Divorce mediation is the SMART™ way to handle matrimonial matters when you and your spouse are not in full agreement about the terms of the divorce. The terms that must be agreed upon or resolved by the court in a divorce are:
- the divorce itself,
- child custody,
- child support,
- visitation,
- spousal maintenance (alimony) and
- equitable distribution of property, assets, and debts (which can be held in your individual or joint names).
When you and your spouse are not in agreement about all of these terms, your only options to reach a resolution of the dispute are to:
- mediate, or
- litigate
NY divorce mediation is a series of structured meetings where we facilitate non-adversarial conversations between you and your spouse, maintain neutrality and help you explore potential solutions to your matter that you may have not considered before.
Not all parties are candidates for NY divorce mediation — you have to be desiring a fair resolution of the matter and be willing to voluntarily come to the table in good faith. Cases where there has been domestic violence are often not appropriate for mediation. Mediation is a voluntary process and requires that both parties be willing to engage in the process.
It is important to note that not all NY divorce mediators are created equal. There is no requirement that New York divorce mediators be attorneys, or even have a minimum level of education or training, to mediate your divorce. As divorce attorneys we have seen mediated agreements that clients have brought to us that are horrific, leaving their rights and interests in jeopardy. If you want to mediate, be sure that you are choosing a mediator who is an attorney, and who has mediation training and experience, to ensure that you will get the best result.
To understand the extraordinary benefits of NY divorce mediation, let’s explore the other option to settling divorce disputes — litigation.
In litigation, or a contested divorce, usually you and your spouse will each retain your own lawyer. When you each have independent counsel, your case can take on a life of its own — you lose control once the case is in the judicial system where you are subject to the demands of the opposing party and the decisions of the Court — it can become very expensive, complicated and time consuming. Litigation often results in families being torn apart from the contentious litigation — people often feel angrier and less satisfied after litigating their divorces than they did at the outset.
In litigation the costs can be 10’s, if not 100’s, of thousands of dollars and cases can drag on for years. When custody is in dispute, the court often orders a forensic psychologist be appointed (at your expense) to psychoanalyze the family and make a recommendation to the court. The court will set a discovery schedule which must be followed where important financial documents and information is exchanged.
Almost all divorce litigation cases settle. After bitterly fighting, parties often end up negotiating a settlement before the case actually goes to trial. After spending sometimes hundreds of thousands of dollars, parties often wish that they had just engaged in NY divorce mediation from the beginning to settle the case.
In NY divorce mediation, we will be acting as a impartial facilitator helping you and your spouse reach an agreement. We will explain the law and how it would apply to your matter if the case went to court, and then help you and your spouse reach an agreement. We will listen carefully to each of your concerns and desires and help you explore many different options for resolving your disputes.
For mediation consultations, we should speak to you and your spouse together, as we will not be representing either one of you individually, but rather helping facilitate you and your spouse reaching a mutually satisfactory resolution.
NY Divorce Mediation FAQ
Frequently Asked Questions About Divorce Mediation in New York
General Questions
Q: What is divorce mediation?
A: Divorce mediation is a confidential, voluntary process where a neutral third-party mediator helps couples reach a mutually agreeable divorce settlement without going to court. It focuses on collaboration rather than conflict and allows spouses to resolve issues such as property division, child custody, spousal support, and financial matters in a less adversarial setting.
Q: How is mediation different from traditional divorce litigation?
A: Unlike a traditional divorce, which often involves court battles and adversarial attorneys, mediation is:
✔ Less stressful – Encourages open dialogue instead of courtroom fights
✔ More cost-effective – Eliminates expensive court and attorney fees
✔ Faster resolution – Mediation usually takes months, whereas court cases can drag on for years
✔ Private and confidential – Unlike court proceedings, mediation is not public record
✔ More control over outcomes – Couples make their own decisions instead of leaving them to a judge
Who Should Consider Divorce Mediation?
Q: Who is a good candidate for mediation?
A: Divorce mediation is best for couples who:
✔ Are willing to negotiate and compromise
✔ Want to co-parent peacefully and prioritize their children’s well-being
✔ Have a desire to save time and money
✔ Need help resolving disagreements without hostility
✔ Want to keep their divorce private and confidential
🚨 However, if there is domestic violence, dishonesty, or one spouse refuses to cooperate, mediation may not be the best option.
Q: Is divorce mediation possible if we have high conflict?
A: Yes. Even couples with strong disagreements can benefit from mediation if they are willing to work together. Skilled mediators are trained to handle conflict, keep discussions productive, and guide couples toward fair solutions.
The Divorce Mediation Process
Q: How does the mediation process work?
A: Divorce mediation typically follows these steps:
1️⃣ Initial Consultation – The mediator explains the process and answers questions.
2️⃣ Gathering Information – Both spouses provide financial documents and discuss priorities.
3️⃣ Negotiation Sessions – The mediator facilitates discussions on:
- Division of assets & debts
- Child custody & parenting plans
- Spousal & child support
- Other financial arrangements
4️⃣ Drafting the Settlement Agreement – The mediator prepares a written agreement reflecting the decisions and agreements made.
5️⃣ Court Filing – The agreement is submitted to the court for approval as part of an uncontested divorce, making it legally binding.
Q: How long does divorce mediation take?
A: Most mediations are completed within 3 to 6 months, depending on:
- The complexity of assets and finances
- How quickly both spouses reach agreements
- The level of conflict and cooperation
🚨 A litigated divorce can take years, making mediation a faster and more efficient alternative.
Q: Do we have to be in the same room for mediation?
A: No. If there is tension or discomfort, mediation can be conducted separately (shuttle mediation) or via virtual sessions using video conferencing.
Legal & Financial Considerations
Q: Is mediation legally binding?
A: Once both spouses sign the final mediation agreement and it is approved by a judge, it becomes legally binding. However, if either spouse changes their mind before filing, the agreement is not enforceable.
Q: Do I still need a lawyer if I choose mediation?
A: While not required, it is highly recommended that each spouse consults with a lawyer before signing the final agreement. A lawyer can review the settlement to ensure it is fair and protects your rights.
Q: How are assets divided in divorce mediation?
A: New York follows equitable distribution laws, meaning assets are divided fairly but not necessarily equally. Mediation allows spouses to customize asset division based on their unique circumstances rather than relying on a judge’s decision.
Q: What if my spouse is hiding assets?
A: Transparency is crucial in mediation. If you suspect hidden assets, you may need to hire a forensic accountant or request legal intervention to ensure full financial disclosure.
Q: Can mediation determine child custody and support?
A: Yes. Mediation allows parents to create a custom parenting plan that works best for their family. Courts will approve agreements as long as they align with the best interests of the child.
Costs & Financial Benefits
Q: Is divorce mediation cheaper than litigation?
A: Yes. Mediation typically costs 50-75% less than a traditional divorce because:
✔ There are no court fees or drawn-out legal battles
✔ Only one mediator is needed instead of two attorneys
✔ The process is faster, reducing hourly legal fees
💰 Mediated divorces typically cost between $5,000 and $10,000, while litigated divorces often exceed $20,000-$50,000+.
Q: Do we split the cost of the mediator?
A: Yes. In most cases, both spouses share the cost of mediation, though payment arrangements can vary.
Q: What happens if we can’t agree on everything in mediation?
A: If full agreement is not reached, couples may:
✔ Try additional mediation sessions
✔ Use a neutral arbitrator for unresolved issues
✔ Proceed with traditional divorce litigation
🚨 If mediation fails and the case goes to court, each spouse must hire their own attorney.
Finalizing the Divorce
Q: What happens after we reach an agreement in mediation?
A: Once a final settlement agreement is reached, it must be:
1️⃣ Reviewed by each spouse’s attorney (optional but recommended)
2️⃣ Signed by both parties
3️⃣ Filed with the court for final approval
Once approved by a judge, it becomes a legally binding divorce decree.
Q: Can a mediated divorce agreement be changed later?
A: Yes, but both spouses must agree to modifications. If circumstances change (e.g., job loss, relocation), you can request post-divorce mediation or file a modification request in court.
Final Thoughts & Next Steps
Q: Is divorce mediation right for me?
A: Mediation is a great option if you and your spouse:
✔ Want to save money and time
✔ Prefer a private, less stressful divorce process
✔ Are willing to negotiate and compromise
🚨 However, if there is domestic violence, dishonesty, or extreme conflict, mediation may not be suitable.
Q: How do I get started with divorce mediation in New York?
A: Contact David Centeno Law at (866) 830-2064 to schedule a confidential free telephone consultation. Our experienced New York divorce mediators will guide you through the process, ensuring a smooth, fair, and stress-free divorce.
