Court Ordered Mediation in Suffolk County, NY

Suffolk County has recently implemented mandatory mediation for all divorce cases (although, there are some exceptions, such as cases involving domestic violence). The mediation is held at the courthouse. The mediators could be a retired Judge, a specially trained court mediator or an attorney.

Although, the mediation is mandatory, the parties only have to attend one mediation session. If, either party decides that mediation is not going to work, they can notify the court and they will not be required to attend any more mediation sessions. Similarly, at any time during the mediation process, either party could also end the mediation process.
The parties can attend the mediation sessions without their attorney or they can have their attorney present during the mediation session. However, most parties will choose to attend the mediation session without their attorneys.

One of the advantages of Court-Ordered mediation sessions is that they are free. Yet, like any mediation, there are also disadvantages of the mediation process — especially when it is Court-Ordered.

Typically, if parties have chosen to file a divorce through the court process, mediation may not be the best option for them. They probably do not trust each other. In addition, at least in this stage of the divorce, the parties may not be willing to compromise.

If you live in Suffolk County, David Badanes, Esq, and the Badanes Law Office, P.C. can explain how the Court-Ordered mediation service works. David Badanes, Esq. and the Badanes Law Office, P.C., have helped numerous clients in their divorces and can help you as well.

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Child Support, Child Custody and Parenting Time in Mediation

Some divorcing couples choose to use mediation when resolving their divorce. For couples who can compromise, mediation may be a good alternative. In many divorces, child support, child custody, and parenting time issues are the most contentious issues. Those issues can also be resolved in mediation.

If you choose to use mediation, then this is how issues surrounding children can be resolved:
Child Support: In New York, there is a child support formula. However, with mediation (and also in a contested divorce), you can choose to modify the amount that the formula calculates. There are many reasons why you might want to modify the amount of child support. Some examples: (i) perhaps one spouse will pay the mortgage instead of child support; (ii) you might receive more in retirement assets: (iii) you might receive more in personal property; and (iv) because each parent has more parenting time, that might be a reason for less child support.

Child Custody: One of the best uses of mediation is in the area of child custody (and parenting time). Mediation allows the parents to be very creative with how to determine the issues of decision making and custody.

Parenting Time: Similar to child custody, mediation allows a lot of flexibility when it comes to parenting time. With mediation, parents can arrange their parenting time that fits their schedule and the children’s schedule.

As with any divorce agreement, it is important that in mediation the written agreement is clear and specific. If you choose to use mediation, make sure that the mediator actually drafts the final divorce agreement. Some mediators will only draft a summary or a “memorandum of agreement”, which is not a full blown divorce agreement.

Although mediation can be a good option, there are situations where mediation is not appropriate. For mediation to succeed, both parents have to be: (1) willing to compromise; (2) be able to talk in a civil and respectful manner to each other; (3) be able to listen to the other parent’s opinions and points of view; (4) ready to get divorced; and (5) willing to present fair and realistic options.

In addition to being an attorney, David Badanes, Esq. is also a mediator. Mr. Badanes has conducted numerous successful mediations. If you are seeking mediation, then contact David Badanes, Esq. and the Badanes Law Office, P.C. at 631-239-1702, email at or visit us on Facebook to get important legal news, tips and articles:

What is the Best Way to Pursue a Divorce if I Want One Right Away?

Divorce in New York can be accomplished quickly, if both spouses agree to ALL of the terms of the divorce. You will both need to agree upon the distribution of any property, custody of children, spousal maintenance, and visitation. If you and your spouse can agree on all of these terms, you or your attorney can immediately file all the divorce papers with the court. This is sometimes referred to as an “uncontested divorce”.

If you can’t agree on all the terms of your divorce, you may be able to get to a agreement by going to mediation. Mediation can save you time and after the process, you can then file the divorce papers with the court.

If you and your spouse all to all of the terms of your divorce, but, need an attorney to draft the divorce papers, then David Badanes and the Badanes Law Office can help you. David Badanes has helped numerous clients in filing their divorce papers and in drafting the divorce papers.
In addition, David Badanes also does mediation and has helped many clients in the mediation process.

If you are seeking an uncontested divorce or want to go to mediation, then contact David Badanes and the Badanes Law Office, P.C. David Badanes and the Badanes Law Office’s phone number is 631-239-1702, email at or visit our web site: The Badanes Law Office has offices in Northport and Uniondale.

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