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Your Guide to Mandatory Presumptive Mediation in Divorce

Interpreting Vague TermsThe rules and regulations of courts throughout the US can change from time to time. This fall (2019), presumptive divorce mediation came into place. This new system requires civil litigation to be resolved through mediation, instead of in the open court. The strategy aims to reduce some of the major backlogs that have caused issues in the judiciary space up until now.

While similar systems have been in place throughout various courts in New York before now, it’s only very recently that this new legislative solution was upgraded to affect all state courts, including Long Island and New York State. All litigated divorce cases will now be referred automatically to divorce mediators in the court system. The new initiative recognizes the clear value of mediation, including divorce mediation and family law mediation, such as that provided by Mr. Darren M. Shapiro. Divorce Mediation is an excellent strategy for resolving disputes caused by litigation.

Following the lead of our neighbor in New Jersey, experts believe that this new strategy of mandatory presumptive mediation will be highly useful. Couples going through divorce can also choose their own mediators privately, without waiting for the court system to provide one for them. Though there may be issues that cannot be resolved by a mediator in the divorce landscape, the new strategy will allow people to start their divorce with alternative methods of dispute resolution.

Bringing More Mediation into Divorce

There will always be cases where mediation might not be ideal for certain divorce cases. However, as noted by Claudia Lanzetta of Law.com in a 2019 (August) article, even when resolutions can’t be reached, mediation may still be useful. Mediations are successful when parties end up with a better understanding of their cases and the other party’s positions. It may also be possible to say that a divorce mediation case has been successful if the people involved end up with a better insight into the strengths and weaknesses of their case. While divorce mediation won’t always settle the issue at hand, it can help to move things in the correct direction.

Mediation sessions with a professional like Darren M. Shapiro can reduce some of the emotional turmoil that might stop a litigation case from moving smoothly. Today, alternative dispute resolution as a presumptive solution is being implemented in every Nassau County matrimonial centre case. Post judgments matters will receive ADR intervention to reduce the overwhelming backlogs in the court. Additionally, if the parties are already represented, then the counsel they have chosen can also be present for that mediation. If a settlement can’t be reached in preliminary conferences, the case can be moved to a mediator like Mr. Shapiro. The court has the right to recommend the right pathway based on its understanding of the case.

There are three options for mediation pathways currently available as part of the ADR initiative. The first option is to use the mediation pathway in the Centre for Children and law at Hofstra University. This program is supervised by the director for the institute of family psychology, and the director of CCF, Teresa Ombres, Esq., at this time. The second option for mediation will use an existing master’s program for the assistance of parties. This strategy consists of attorneys with special training. The third path is the judicial mediation route, where the law secretary or judge can conduct additional mediation and refer hearing officers to the case. The court will continue to address the cases at each conference. If an issue cannot be settled, the courts will conduct further mediation to help move the case forward.

Preparing for the New Regulations

The arrival of a new presumptive mediation strategy in the courts of Long Island and New York will produce a range of different results for parties facing complicated new environments. Many groups are excited to see the arrival of this new initiative and interested to see how the program will affect the environment. This new strategy may help to support valuable processes for negotiation before a case is sent to court. In some cases, this solution may allow people to solve their cases before they need to be taken to court, keeping the stress of the divorce case to a minimum.

If you would like to cut out the middleman of being assigned a divorce mediator to manage your case, and choose someone yourself instead, then you can connect with Mr Darren M. Shapiro at your earliest convenience. Mr. Shapiro is a trained mediator that offers consultation sessions for couples that last for up to thirty minutes, followed by paid sessions for those who decide to move forward. Mr Shapiro can also represent people in negotiations for family law and litigation if they have not previously consulted with Mr. Shapiro with their spouse. Contact the office today at (516) 333-6555.

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