Alternative Dispute Resolution Lawyers in Buffalo

New York law firm helps couples resolve issues 

Alternative dispute resolution processes provide divorcing spouses with non-adversarial methods to resolve issues of property division, child custody and visitation, child support and spousal maintenance. At the Law Offices of Randy S. Margulis, we assist divorcing couples in Buffalo and throughout Western New York in achieving fair out-of-court outcomes. Our firm offers experienced mediation services that empower divorcing spouses to reach agreeable settlements and move on with their lives. 

What is alternative dispute resolution in divorce? 

Alternative dispute resolution (ADR) is any non-judicial method of resolving contested issues in a divorce. Mediation is the most widely used form of ADR. It involves a neutral facilitator who guides discussions, helps identify areas of agreement and assists parties finding workable solutions. Parties can voluntarily agree to mediation and sometimes it is ordered by the court to avoid trial. 

Other ADR methods include arbitration, in which the spouses choose an experienced family law arbitrator to hear arguments and make decisions in a private setting, and collaborative divorce, whereby parties and their respective attorneys sign a contract agreeing to resolve the divorce outside of court. 

What are the benefits of mediation? 

As a non-adversarial process, mediation avoids or at least reduces conflict between parties. It is confidential, so sensitive marital issues are not aired in public court proceedings. Costs are lower because trial and pretrial proceedings are avoided. A major advantage of mediation is that the divorcing parties control the outcome, being able to make their own decisions on the issues instead of having them handed down by a judge. Our divorce mediator can help you use mediation effectively. 

How does mediation work in a divorce? 

Whether you have been ordered to mediation by the court or you and your spouse have agreed to it voluntarily, these steps are followed:

• An orientation to understand the process
• The exchange of financial and child-related information
• Identifying what each party wants
• Guided negotiations by the mediator 
• Compromise and agreement on the issues
• Creation of a written settlement agreement for spouses to sign

Once settlement is reached with the assistance of the mediator, the agreement can be incorporated into the final divorce decree. 

When is divorce mediation not appropriate? 

Mediation will generally not work in the following circumstances:

• Safety is a concern because of domestic violence in the relationship.
• There is a severe power imbalance between the divorcing spouses.
• There are serious mental health or substance abuse issues.
• One party or both are entrenched in their positions and are unwilling to compromise.

We can assess your situation to determine whether it may or may not be the right method for ending your marriage based on the facts. 

Contact our law firm to learn more about divorce mediation 

The Law Offices of Randy S. Margulis in Buffalo, New York represent clients in divorce and family law matters and offers the services of a trained divorce mediator. Call our firm at 716-886-9600 or contact us online to arrange a consultation.