Generally, mediation occurs in joint sessions with both parties present. The idea behind joint sessions is that compromises are best reached when both parties are present and participating. Joint sessions can have drawbacks however: some clients are uncomfortable revealing certain aspects of their divorce in front of their partner or the divorce may be so contentious that the presence of both parties hinders mediation.

As mediation becomes more popular, common myths about mediation have developed that confuse or dissuade prospective clients from pursuing alternative dispute resolution, despite its proven effectiveness. In this article we will address common myths about mediation and shed light on the reasons why these myths are false.

Only people who agree on key issues can mediate

In New York, child custody mediation is not mandatory; however, many parents choose mediation over traditional court proceedings because of the affordability and efficiency mediation offers. Mediation is a great way for each parent to be able to address their concerns while working with an experienced mediator to reach a child custody agreement that is a long-term workable solution for the entire family.

Mediation is an alternative dispute resolution wherein the parties, with the help of a mediator, can retain more control over the outcome of their legal dispute without the expense, time commitment and adversarial nature of traditional court proceedings.

Before embarking on your first mediation session, there are four simple steps that you can utilize to make your mediation effective and as stress-free as possible.

In any custody case, the main objective of the family court is to protect and ensure the best interests of the child. However, there are other factors that will be considered by the courts in determining what custody arrangement is suitable in each case. One such factor is the primary caretaker standard which is recognized by New York courts and can be persuasive in a child custody case.