Solving legal problems throughout WNY

Not every divorce has to be a fight. Many of our clients would much rather resolve matters amicably than endure a contentious, drawn-out battle, and for them, mediation is often the better path. Mediation can save enormous amounts of time, money, and aggravation while still producing a fair, durable result. At Bakshi & Leta, Sunil Bakshi and Joseph Leta bring decades of divorce experience to the table and look for creative solutions that work for everyone involved.
Because we have handled so many divorces from every angle, we understand exactly which issues have to be resolved before a marriage can end, and where couples most often get stuck. That experience lets us guide productive conversations, anticipate problems before they derail the process, and keep the focus where it belongs: on reaching long-lasting results that are satisfactory to both parties, with everyone given a genuine chance to be heard.
Divorce mediation is a voluntary, cooperative process in which both spouses work together to settle the terms of their divorce rather than handing those decisions to a judge. Instead of staking out opposing positions and fighting in court, the spouses sit down, identify the issues that need to be resolved, and negotiate solutions they can both accept. The conversation is private and confidential, and the spouses, not a courtroom, remain in control of the outcome.
Mediation is built on communication and good faith. When both spouses are willing to be honest about their finances and reasonable about their expectations, mediation can resolve even complicated matters efficiently. The result is typically a written settlement agreement covering every open issue, which is then submitted to the court and incorporated into the final divorce judgment.
What sets our approach apart is that we come to mediation as seasoned divorce attorneys, not just facilitators. We already know which issues must be resolved before a court will grant a divorce, where couples typically run into trouble, and what a fair, workable agreement looks like. That knowledge keeps the conversation grounded and productive, and it helps both spouses reach decisions they can feel confident about for years to come.
In a traditional contested divorce, each spouse takes a position, financial information is exchanged through formal procedures, and unresolved issues are argued before a judge who ultimately decides them. That process can be slow, expensive, and adversarial, and the people who know your family best, the two of you, end up with little say in the final outcome.
Mediation flips that dynamic. The spouses keep control, set the pace, and craft solutions tailored to their own family rather than accepting a one-size-fits-all ruling. A few of the practical differences stand out:
Every mediation is a little different, but the process generally follows a familiar arc. We begin by identifying every issue that must be resolved: the division of property and debt, spousal maintenance, and, when there are children, custody, a parenting schedule, and child support. Next, both spouses gather and share the financial information needed to make informed decisions; honest disclosure is essential, because no agreement built on incomplete information will hold up.
From there, the spouses work through the issues one at a time, exploring options and looking for solutions that meet each person’s most important needs. This is where experience matters most: drawing on years of divorce practice, we suggest creative arrangements that the spouses may not have considered on their own. Once agreement is reached on everything, the terms are reduced to a clear written settlement, and that settlement is incorporated into the divorce judgment by the court.
Mediation can address virtually every issue that a divorce must settle. Rather than leaving these decisions to a judge who has met your family only briefly, you and your spouse craft solutions tailored to your own circumstances. The matters most commonly worked out in mediation include:
Because the spouses build these terms together, the resulting agreement tends to fit the family far better than a one-size-fits-all ruling, and the people who have to live with it are far more likely to honor it willingly.
The advantages of mediation are not only financial, though the cost savings are real and significant. Mediation also preserves relationships. For divorcing parents, the ability to communicate and cooperate does not end at the courthouse door. It continues for years through school events, holidays, and the everyday work of raising children. A process that lowers conflict at the outset makes that ongoing relationship far healthier.
Mediation also gives both spouses something a courtroom rarely can: a sense of fairness and closure. Because both people participate in shaping the outcome and feel genuinely heard, they tend to leave the process with less resentment and more confidence that the result is one they can live with for the long term.
Choosing to mediate does not mean going without legal guidance; in fact, sound legal advice makes mediation work better. The decisions reached in mediation affect your finances and your family for years, so it is important to understand how New York law applies to your situation and what your rights are before you agree to anything. As experienced divorce attorneys, we make sure you are fully informed at every step, and we review the settlement carefully before it is signed so there are no surprises later. Mediation gives you control over the outcome; good counsel makes sure you exercise that control wisely.
Mediation is an excellent fit for many couples, but it is not right for every situation. It works best when both spouses are willing to communicate, negotiate in good faith, and disclose their finances honestly. It is far less suitable where there is a serious power imbalance, a history of abuse or intimidation, or where one spouse is unwilling to be transparent about money. In those cases, the protections of the traditional court process may be necessary to ensure a fair result.
We are candid with our clients about which approach fits their circumstances. If mediation is the right choice, we will guide you through it efficiently. If it is not, we will tell you so, and we are fully prepared to represent your interests through a contested divorce instead. You can learn more about that process on our divorce page.
Mediation may be less adversarial than a courtroom fight, but it is not simply a matter of splitting everything down the middle and signing. The issues a divorce must resolve (equitable distribution, the treatment of retirement accounts, maintenance, a parenting plan, and child support) each carry legal consequences that are easy to overlook without experience. A mediated agreement that fails to account for one of them can create problems long after the divorce is final.
Because we have handled the full range of divorce matters for years, we bring that knowledge directly into the mediation. We help both spouses understand what the law expects, flag the issues that must not be left unaddressed, and propose practical solutions that hold up over time. The result is an agreement that is not only amicable, but complete and durable, one that truly lets both people move forward.
Mediation questions
Call (716) 631-0004 for answers specific to your situation.
For most couples, yes. Because mediation avoids the back-and-forth of contested litigation and lets the spouses set their own pace, it generally costs far less and finishes faster than a courtroom battle. The savings are greatest when both spouses come willing to communicate and compromise in good faith.
The discussions in mediation are not binding until you sign. Once the spouses agree, the terms are written into a settlement agreement, and when that agreement is signed and incorporated into the divorce judgment by the court, it becomes binding and enforceable just like any other divorce settlement.
Mediation does not eliminate the need for legal guidance. It is wise to have an attorney explain how the law applies to your situation and review any agreement before you sign, so you fully understand your rights and the long-term effect of the terms you are agreeing to.
Almost every issue in a divorce can be mediated, including the division of property and debt, spousal maintenance, a parenting schedule and custody arrangement, and child support. Mediation works best when both spouses are willing to disclose financial information honestly and discuss solutions openly.
Mediation can save you time, money, and stress. Call to find out whether it is the right path for you.