How Does Divorce Mediation Work in New York and What Can Be Resolved?

New York divorce mediation is a voluntary, private process in which a neutral mediator helps spouses negotiate the terms of their separation or divorce without going to court. The mediator does not represent either party or provide legal advice, but helps the parties reach agreement on all issues: grounds for divorce (New York is a no-fault state under DRL §170(7)), equitable distribution of marital property, maintenance (alimony) under DRL §236(B)(6), child custody and parenting time, child support calculated under the Child Support Standards Act (CSSA), DRL §240, and health insurance and COBRA continuation. Once the parties reach agreement, the mediator drafts a Memorandum of Understanding (MOU) which the parties take to their respective attorneys to review and convert into a formal Separation Agreement or Stipulation of Settlement. The agreement is then incorporated into the divorce judgment. Mediation is particularly effective in New York because the equitable distribution statute gives courts broad discretion — mediation allows parties to craft creative solutions (e.g., deferred sale of the marital home, structured buyouts of business interests) that a court might not order. Cases involving domestic violence, active substance abuse, or significant power imbalances may not be appropriate for mediation.