At Capital, we want you to know that you can settle every single aspect of your divorce through mediation or arbitration.  After successful Alternative Dispute Resolution (ADR) sessions, you may be ready to conclude your divorce and bring your Marital Settlement Agreement to a judge. Cut out the painful trial process with our help. To gain more valuable information, contact our office today at 855-422-8555.

For parents, their number one priority is the welfare of the children. Often, anger and resentment cloud even the most loving parents’ minds. That’s where we come in. Our mediators and arbitrators help you and your ex-partner make decisions and design parenting agreements that support the best interests of the children. Through ADR, you can determine:

  • Legal custody – who makes major decisions about the children regarding education, religion, and healthcare? Sole legal custody can be awarded to one parent or can be split equally between both former spouses.
  • Physical custody – who spends time with the children and when? When devising your physical custody arrangement, you’ll work out weekdays, weekends, holidays, birthdays, summers, vacation times, travel plans, and more.
  • Communication – how do parents communicate? How will the children communicate with their parents? Through ADR, you decide when and where interactions such as phone calls, text messages, email, and Skype are appropriate.
  • Moving – how far away can you or your ex-spouse move away from each other? You can set boundaries on where your spouse can live and if he or she needs to provide certain notice about moving plans.

Don’t be afraid to speak up for what you think is best for your children during ADR sessions. ADR lets your voice be heard. No one knows your children better than you.

Through ADR, you’ll ensure all of your child’s financial needs are addressed. Child support through the courts is calculated using a specific, inflexible method. The custodial and non-custodial parents’ income are put into a calculator, and a portion of the non-custodial parent’s income goes to the other parent on a regular basis.

However, through mediation or arbitration, you can devise your own support agreement that may better fit you and your child’s needs and lifestyle. You can also work out important elements such as your children’s health insurance, childcare expenses, school and college expenses, tax deductions, and more.

In New York, you may be entitled to spousal support (formerly known as alimony) from your former spouse. Spousal support can be a temporary or long-term arrangement, depending upon the specifics of each party’s financial situation. A court will use a calculation method to determine how much – or how little – support is paid.  You might get no say in the matter and end up not getting enough money – or paying way too much money.

By using ADR, you and your ex determine the amount of spousal support paid and the duration. You’ll also work out the details of life insurance plans, pension plans, legal fees, retirement accounts, educational costs, and housing expenses.

New York Family Law Courts use the theory of an “equitable” division of property when it comes to the dissolution of marriage. Your assets and physical property won’t be divvied up 50/50 – instead, they are divided in a fair and equitable manner. At Capital, our mediators and arbitrators help facilitate that without intervention from a judge.

First, we help determine the value of all your assets and liabilities. Our team looks at your house, mortgage, taxes, utilities, and related expenses. We also help determine how other physical property is split – including cars, furniture, jewelry, and more. We allow you to come to a fair property settlement agreement.

Next, we look at your checking, savings, and retirement accounts as well as investments and stocks to see how the money needs to be divided. The family’s debt may be the responsibility of one party or both. You may need to take into account other factors, such as bankruptcy, inheritances, a family business, tax refunds, insurance policies, or civil settlements.

At Capital Mediation & Arbitration, we leave no stone unturned. We also help you work out details such as issues involved with moving, who is responsible for legal fees, and how you will resolve future disputes. Let us help you devise a comprehensive marital settlement agreement that works for all parties involved – especially the children.

For a consultation with one of our New York Certified mediators or arbitrator, contact us today at 855-422-8555.


Resolving Your Divorce Through ADR

Creating beneficial parenting arrangements

Child support and child-related expenses

Agreeing upon spousal support and expenses

Dividing your property up in a fair and equitable manner

Finishing up your meditation or arbitration sessions