Attorneys Explain Divorce Mediation

Divorce mediation has become a highly favorable alternative to litigation, Alan Finkel, Esq. and owner of Divorce Mediation Center of Nassau-Suffolk based in Commack, said.

"Mediation is a straight split, without the motions made to the judge. It's without the litigation, which can cost thousands of dollars," Finkel said.

Finkel's practice has solved over 3,000 divorces with mediation in the past 15 years, although he said it is more popular now with the recession.

"In the past year we've completed about 200-300 across the Island," he said.

The mediation happens in real-time – no need to wait for papers to be filed within the court system, and it costs about $3,500 - $4,500 dollars, Finkel said.

The fee for mediation includes all the filing fees for court documents, meetings with the attorneys and the division of marital assets.

Mediation takes about 2-4 months to complete the entire divorce process, instead of up to a year as with litigation, Todd J. Zimmer, Esq. said. Zimmer's practice is located on Jericho Turnpike in Commack.

Zimmer said custody is also handled more efficiently in mediation proceedings. Children are not involved – in litigation, sometimes they are required to testify in court, or talk to a law guardian, but in mediation they do not have to.

"It is a much less stressful process, many are completed with 2-4 meetings. The couples generally have all the big ideas worked out, the mediator lays out the agreement and draws it up and then it goes through the court system, which takes another 2 months," Zimmer said.

Clients assets are divided after the mediation meetings, however, their divorce is not final until certified by the New York State Court System.

Mediators do not need to be attorneys in New York state, however, they need to have an attorney file the papers within the court system.