MEDIATION V. LITIGATION - DIVORCE SOLUTIONS SERVICES
Is there any of the mediation or arbitration solutions still an option if the parties are already going through the divorce proceedings in NY and also there is a "order of protection" in effect?
The option of mediation or arbitration is always available even after you have commenced the divorce proceedings. However it will require the cooperation of both parties. You cannot coerce the other party to participate in mediation or arbitration; It has to be voluntary.
With regard to the question about an order of protection, if the reason for the order of protection was fear of physical abuse, or physical abuse is actually present in the relationship then mediation is probably not the preferred means of resolving your issues.
If you are located in the New York City metropolitan area, please call me at 212-370-1660 to discuss the matter at greater length.
Leonard M. Weiner, Esq./ Divorce Solutions