The Resolution Methods That You Should Try Before Litigation

With both parties having already sought legal counsel, a four-way settlement conference could be arranged. This would involve the parties and their attorneys coming together in person or via zoom, discussing each party’s position, and exploring whether any middle ground can be found.

Mediation may be a good option if you’re having trouble resolving something. Just because both parties have hired lawyers doesn’t mean mediation can’t happen. It’s better for both sides to have their own lawyers before going into mediation. This way, if mediation doesn’t work out, they’re already prepared.

Asking questions is an important part of the mediation process. Here are some things to consider:

• What did the mediator say?
  • Make sure you understand what they are saying and whether or not it is accurate.

• Is this in your best interest?
  • You want to make sure that resolving the case in this way is going to be beneficial for you.

A mediator’s role is not to give legal advice to any party. They are not there to say that a certain proposal is in either party’s best interest. Rather, their purpose is to try resolving differences between parties by finding a middle ground. So, if a mediator recommends something, each party should consult with their own independent counsel to see if it is advisable. Ultimately, if the mediation process isn’t working, one must go back to the litigation.

Can A New York Divorce Be Finalized Without Finalizing The Division Of Assets And Debts?

While a divorce can technically be finalized without finalizing the division of assets and debts, I would advise against it. Without something concrete stipulating when and how those assets will be resolved, disagreements and conflicts are likely to arise. Having a clear and specific plan laid out ahead of time is the best way to avoid any issues down the road.

If you and your spouse are divorcing and you don’t plan to sell the house right away, it’s important to have a specific provision in your settlement agreement that stipulates when the issue will be resolved. This way, there is no confusion down the road. You may choose to resolve the issue a year or three years from now or when the youngest child graduates high school. Whichever timeline you choose, make sure it is clearly stated in the agreement.

The house will be put on the market, or one party will buy the other out when the youngest graduates high school. As for how the house expenses should be paid from now until then, it should be written into the settlement agreement that either one party or the other gets a credit on the mortgage payment.

If you’re selling a house with someone else, there are some important things to consider. For example, who will be the primary contact with the real estate agent? Who will be responsible for paying the agent’s fees? How will you handle showings and open houses? What happens if the house doesn’t sell right away? These are all important questions to answer before putting your home on the market.

For more information on Alternative Dispute Resolution Methods in A Divorce, an initial consultation is your next best step. Get the information and legal answers you seek by calling (347) 797-1188 | (914) 362-3080 today.