Fifty Years of Improvement: A Judge's Thoughts on New York Family Court

MELVILLE, NY, October 06, 2012 (Press-News.org) This month marks the fiftieth anniversary of New York's Family Court. As the system passes this milestone, a family court judge recently reflected on its progress and the new programs available to help Long Island families navigate difficult issues.

Family Courts are equipped to handle the particular challenges involved in divorces, like child custody disputes. In the judge's experience, Family Court has allowed the justice system to respond to changes in society like more frequent divorces and complex custody arrangements.

In response to long-standing family problems (in which a father shows up in court one decade, and then his son the next, and finally his grandson, etc.), Family Courts adopted a more holistic approach to solving family problems. In other words, rather than providing a temporary fix and moving on to the next case, judges may use a variety of programs to address the root underlying causes, including mediation.

For more information about mediation, feel free to visit our mediation FAQ page.

A Holistic Approach in the New York Family Law Courtroom

As the judge pointed out, these programs include a special family treatment drug court, several child safety and welfare programs, and other family-specific initiatives. Another program brings different professionals together for joint trainings, including family lawyers, public defenders, social workers, educators, child welfare workers, and court staff. By combining these perspectives, Family Courts work to effectively improve the lives of families.

The judge also referred to mediation as one particularly positive Family Court initiative. Mediation allows both sides to talk through disagreements with a neutral third party. Instead of formal, intense court hearings, the parties can work to resolve divorce and child-custody issues in a more collaborative and comfortable setting. When the parties come to an agreement, the mediator formalizes it and ultimately the agreement is presented to the judge for sign-off. If the judge agrees, it becomes a formal court order.

Mediation offers several advantages. Mediators can help work through almost any family-related issue. Compared with an in-court divorce proceeding, mediation generally requires much less time and is less costly. Plus, conversations held during mediation are non-binding and confidential until a judge approves of the agreed-upon plan.

Perhaps most importantly, couples participate actively in the negotiations and can directly affect the outcome. Although the parties may still take lingering disputes to court later, mediation allows couples to resolve many divorce issues in a more positive, comfortable, and collaborative setting.

Encouraging mediation is another way in which the Family Court seeks to improve the lives of families in Suffolk and Nassau Counties. Divorce proceedings always involve difficult questions and mediation can help couples resolve disagreements in a positive and productive manner.

Bryan L. Salamone & Associates, P.C.
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Melville NY 11747
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