Dispute Resolution:
Mediation and Alternative

Dispute resolution is a means for individuals involved in a legal dispute to address any type of conflict without having to engage in courtroom litigation. People who chose dispute resolution over the more costly and timely litigation can directly influence and create the outcome of their resolution, instead of a judge doing it for them.

Dispute resolutions put the control in the hands
of the couple, instead of in the hands of the judge.  The couple decides how quickly or slowly decisions are made, when any forms will be filed, what the terms of the settlement or agreement will be, and who will mediate over the proceedings.

All matters discussed during mediation and alternative conflict resolutions are confidential, so no matter what is said during the mediation proceedings, it can never be repeated again, even in a court of law. This confidentiality makes it possible to discuss and consider any kind of solution without the fear that a suggestion may be used against an individual later on. 

Once a dispute resolution has been successfully completed, an attorney of your choice can review and file your Memorandum of Understanding with a New York court.

Types of Dispute Resolution

Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR) is a way for individuals involved in a legal dispute to resolve their legal matters without having to go through a trial. Trails can be very costly, timely, and frustrating, and ADR is a much faster method than trial litigation. ADR is commonly used in almost every type of legal matter, including family law.

Mediation
In mediation, individuals can create their own agreement to any legal dispute with the help and guidance of a skilled mediator. A mediator is a neutral third party that helps individuals work through any conflicts or disputes that need to be resolved.  The mediator does NOT make any legal decisions, but rather only helps the individuals come to a decision for themselves. Through mediation, individuals can reach agreements regarding divorce, property distribution, custody, child/spousal support, legal separation, etc. that specifically cater to the needs of their family in a more private manner than a courtroom.

For mediation to be successful, each individual must be able to communicate their needs and desires in order to move forward in their lives. Sometimes emotions run high during mediation, so it is important for a trained mediator to be present. A trained mediator can assist individuals in making decisions not solely based on emotions, but what will be best for the entire family. Mediators also help individuals cooperate and respectfully negotiate with one another, despite any personal differences. The most important thing about mediation is for both parties to find a common ground and come to a mutual agreement. When individuals can amicably resolve their differences, it makes the present and the future much more enjoyable.

Advantages to Dispute Resolution

There are many advantages to mediation and alternative dispute resolutions. These advantages include:

• A reduction in cost
• More timely and efficient than court room litigation
• The ability to make your own decision regarding any legal agreement
• A reduction of anxiety and stress
• More personal
• More confidentiality and privacy
• Elimination of courtroom litigation and courtroom battles
• Control over how much time the mediation will take
• More control over the outcome
• A couple has the ability to work out problems together instead of having to go through the courts

How Long does Dispute Resolution Take?

Depending each specific situation, mediation and dispute resolution typically take anywhere from two weeks to a year. The length of the process largely depends on the type of issues being discussed, as well as the couple’s ability to reach an agreement. Furthermore, most mediations are completed within five to six sessions.

Contact Us!

Family law conflicts are extremely emotional and trying on the whole family. If you are in need of a skilled Long Island dispute resolution lawyer, you should contact the experienced attorneys at the Law Office of Palermo, Palermo & Tuohy. Through mediation and alternative dispute resolutions, individuals are usually able to avoid the time and expense of litigating their legal disputes in a court of law. The attorneys at the Law Office of Palermo, Palermo & Tuohy work one-on-one with each client to understand their perspective on any dispute and ensure that their wishes are being fought for

The lawyers at Law Office of Palermo, Palermo & Tuohy, work aggressively on behalf of all of our clients’ best interest. At the Law Office of Palermo, Palermo & Tuohy it is the professional goal of the attorneys to provide effective legal representation, sound legal advice, tough negotiating tactics, and justice for all clients. At the Law Office of Palermo, Palermo & Tuohy our lawyers exhaust all possible efforts into securing and comforting the needs of their clients during these difficult and emotionally trying times.