Why You Still Need Mediation Even If You Settled Everything

{4 minutes to read} I often receive phone calls from potential clients telling me that they have settled everything and just want me to write up their agreement. When faced with this request, I explain that this is not what I do and why mediation would still be important even if they have discussed and agreed upon terms. 

Terms that were Not Addressed

You May Not Be Aware of the Law

You can find New York’s child support and maintenance calculators online, but you may not know what to do about income over the caps. Or that a budget is the best way to determine if the support calculations will be appropriate in your case.

In terms of property, you may believe that something is separate or marital based upon what makes sense. However, that may not be the case in the sometimes arcane application of the Equitable Distribution law.

Of course, you may opt out of certain provisions of New York law, but you do need to know what the law provides before you can consider doing so and make an informed decision.

You May Not Have Thought about the Future

In mediation, you will be asked questions that will test what you have agreed upon against changing circumstances, such as: 

• What will happen to support if one of you loses your job or makes significantly more money than you are making now?
• What happens with your access plan as your child becomes older?

It is important that your Agreement encompass as much as possible in terms of changing circumstances so that you never have to return to mediation, or even worse, go to Court.

I think it can be helpful for clients to discuss some terms on their own if they are able to have productive discussions. Those discussions can enhance the mediation process, but they don’t replace it. Divorce Mediation is more than just agreeing on terms and writing them into a Separation Agreement. It is a process that ensures that you understand the legal and practical implications of the terms of your agreement, as well as both of you having your needs and interests met by those terms.