FAQs: Mediation, Divorce, and Parenting Solutions
1. How do we know we will be able to mediate successfully?
- Each person can make a decision to enter mediation freely and without coercion.
- Each person enters mediation with informed consent. Informed means that each person has had the opportunity to learn about mediation, its pros and cons and alternatives to it.
- Each person can provide full disclosure without being afraid or endangered.
- Each person is aware that they can withdraw at any time and feels they can do so without retribution.
- Each person is able to recognize that the other person has rights and needs separate from their own.
- Each person recognizes that all mediated outcomes must be agreed upon voluntarily by both participants.
- Neither person is cognitively or emotionally impaired (e.g., severe depression) in any way that affects their ability to actually agree, understand consequences and freely make decisions.
- Neither person lacks capacity to mediate due to drug or alcohol abuse.
2. What If I Am Not Sure About Divorcing?
To learn more click hereMediation is designed for couples who are ready to separate or divorce. If you and your spouse/partner are still deciding whether to stay together, it may be more effective to work with a couples therapist or marriage counselor before beginning mediation, or you may be interested in Mediation to Stay Married.
3. How Is Mediation Different From Litigation?
In litigation, each person hires an attorney to present their case to a judge, who remains neutral and makes decisions from an outside perspective.
Unfortunately, overloaded courts often prevent judges from fully understanding the people behind the case, leaving many feeling unheard or frustrated.
Mediation gives you the chance to speak for yourself. No expert knows your life and family like you do. A mediator doesn’t make decisions for you but guides the conversation, ensures all voices are heard and helps clarify information. If needed, additional professionals such as, accountants, financial planners or attorneys, can provide support, so you feel confident making decisions.
The goal is to reduce miscommunication and help each person understand the other’s perspective. You don’t have to agree on everything, but mediation allows you to reach fair, informed solutions that work for your family, your possessions and your future.
4. How Is a Mediator Neutral?
One of the most common questions in family mediation is, “How can a mediator remain neutral when one of us is right and the other is wrong?” The answer is that the mediator is not a judge. Their role is to ensure both voices are heard and respected. You will never be forced to agree to something you don’t want. Instead, the mediator helps you better understand each other and find solutions that meet both of your needs. Neutrality is a powerful tool that creates balance and trust in the process.
5. Can I Speak Freely in Mediation?
Yes. Mediation only works if both people can express themselves honestly. You need to feel comfortable sharing your concerns and needs in the same room. It's normal to feel unsure of what you truly want, but a skilled mediator can guide you, offer options and give you time to process your decisions. The goal is to create space where both parties can communicate openly and respectfully.
6. What If Emotional Intimidation Is Present?
Extreme emotional control or intimidation makes mediation ineffective. For example, one spouse/partner may become withdrawn or fearful when the other is present. Mediation requires honesty and balance. If one party cannot speak openly without fear, the process will not work. In those cases, litigation or counseling may be better alternatives.
7. Do Hidden Assets Affect Mediation?
Yes. Mediation requires full financial transparency. If you believe your spouse/partner may be hiding assets, mediation is not the right path. Attorneys and the court system are better equipped to uncover hidden property, income or accounts. In successful mediation, both sides must disclose their finances honestly so the agreement can be fair.
8. What If I Want Legal Representation?
To learn more click hereIn mediation you can still have an attorney who advises you, to make sure you know your legal rights.
You can consult with your attorney to help guide the mediation process and make sure you understand everything legally. Your attorney can also review the draft agreement to make sure it says what you want it to say and that you understand its terms.
If you prefer to have a lawyer by your side, Collaborative Law may be a good alternative. In this process, each spouse/partner has an attorney, but both attorneys agree not to take the case to court. Instead, they work with mediation style negotiation to create win win results. This can be appealing to couples who want legal guidance while still avoiding litigation.
9. What If There Is a History of Domestic Violence?
In situations involving domestic violence, traditional litigation is usually safer. Mediation requires open communication, which can be difficult if one person fears retaliation. However, if you believe mediation is still the right choice, safeguards can be added, such as:
- Written behavior agreements with strict consequences for violations
- The presence of an advocate, friend, or relative
- Separate mediation sessions for each party
- Phone or video sessions to avoid face-to-face meetings
Your safety is the top priority and mediation is only an option if protective measures are in place.
10. Do you offer a free consultation?
Yes. We provide a free 15-minute consultation so you can discuss your situation and understand your options before committing to a full session.
11. How do I schedule an appointment?
All sessions are by appointment only.
Call (718) 965-9236 or (917) 270-1897 to schedule a convenient time with our team.
12. Do you accept walk-ins?
No, we do not accept walk-ins. All sessions are scheduled by appointment to ensure each client receives dedicated time and attention.

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mediation/legal services
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mediation/legal services
resolutions mediation/legal services
Schedule Your Family Mediation Consultation Today
Don’t let conflict define your family’s path. Schedule a consultation with our experienced mediators
and start building solutions that are fair, practical and centered on what matters most.
Call (718) 965-9236 to take the first step toward resolution.