Using Mandatory Presumptive Mediation in a New York Divorce

Since 2019, the New York State Unified Court System has required divorce and family law disputes to be submitted initially to mediation before moving forward with litigation. Mandatory presumptive mediation, as it is called, empowers couples to negotiate terms of their divorce with the guidance of a neutral third party, rather than having a judge impose a decision. 

Presumptive mediation does not compel the parties to settle. It merely mandates that they make a good-faith effort to resolve their differences. This program is intended to streamline case management, foster more amicable resolutions and decrease judicial backlogs. If the parties are unable to reach an agreement in mediation, they can still proceed to trial. Exceptions may apply in cases involving domestic violence or where mediation would be otherwise inappropriate.

When a divorce case is filed, the court will typically refer it to a roster of approved mediators. These professionals have undergone specialized training to help parties address key issues, including child custody, parenting time, spousal maintenance, division of property and other contested matters. The mediation process is generally confidential, meaning discussions that occur cannot be used later in court if no settlement is reached.

The mediator facilitates dialogue between the spouses to help them reach a mutually acceptable agreement. They do not make decisions or provide legal advice but rather guide the parties toward compromise and creative solutions. Each spouse may have their own attorney to consult throughout the process and review any proposed settlement before signing.

Here are some tips for using presumptive mediation to your advantage:

1. Be represented by counsel — Your own attorney can provide critical guidance before and after mediation sessions to ensure your interests are protected.
2. Be prepared — Understanding the issues at stake and having an idea of your goals and priorities will help you focus negotiations on what matters most.
3. Be open-minded — Consider creative solutions that meet both parties’ needs, exhibiting flexibility and a willingness to compromise.
4. Stay calm and respectful — Keeping emotions in check promotes more productive discussions and can prevent unnecessary conflict.

When selecting a mediator, look for someone with extensive experience in family law, strong communication skills, and a balanced, impartial approach. It’s important to choose a mediator who can effectively manage emotions and foster constructive dialogue. Additionally, check that the mediator is on the court’s approved list and has relevant training and credentials.

The Law Offices of Randy S. Margulis offers divorce mediation services at convenient locations in Williamsville and downtown Buffalo. Senior attorney Alexandra M. Rockwood has wide experience helping clients resolve family law matters, offering personalized strategies to achieve fair and lasting solutions. Call 716-886-9600 or contact us online to make an appointment.