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Mediation in Matrimonial Cases in Nassau County Supreme Court

Spouses going through a divorce action in Nassau County Supreme Court may be required to attend mediation. 
As of March 2011, a program started by Hon. Robert Ross, Supervising Judge of the Nassau County Matrimonial Court, may refer parties to mediation if their case is deemed suitable for mediation by the assigned judge. 
At least part of the motivation for court mediation is the limited judicial resources (see my blog entry about cutting Judicial Hearing Officers) to handle the case load in Nassau County Supreme Court.  
Once an action for divorce is commenced and a judge is assigned (a Request for Judicial Intervention is filed with the court) a Preliminary Conference is scheduled. After that first court conference, the judge has the discretion to refer the parties to mediation. This is a very sensible and effective way of guiding the parties toward settlement of certain issues. 
The first mediation session is free. However, if the parties decide to mediate they will pay for further sessions. So the parties will have two attorneys to pay and will pay for mediation. 
However, if there has been domestic violence in the marriage the case will not be sent to court mediation. 
This begs the question: If you are contemplating a divorce, live in Nassau County and you believe that mediation could be helpful, why not choose your own divorce mediator? 
If you objectively look at the facts leading to your divorce and you do not see terrible conflict, your case may be slated for mediation. 
I firmly believe that the vast majority of spouses could mediate their divorce, even when they believe they cannot communicate with their spouse. 

Categories: Litigated Divorce
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