Mediation

Mediation

Mediation is a useful tool for some couples

Divorce litigation may not be the best choice for some couples. The process of divorce mediation is generally more beneficial to spouses who are willing to work together to settle their issues. Divorce mediation is a less hostile and more equitable alternative to lengthy divorce litigation. Participants in divorce mediation find that they have more individual control over the process, allowing them to avoid a long and hard contested divorce in favor of a less stressful and simpler mechanism to finalize the nuances and specifics of their divorce.

What is Divorce Mediation and How Does It Work?

Divorce mediation is a confidential procedure for discussing and resolving financial and parenting issues that arise out of your ongoing divorce. Rather than going to court to resolve differences, spouses voluntarily choose to sort things out between themselves with the help of a neutral third person (an accredited divorce mediator).

What is the Process of Divorce Mediation?

A couple first must collectively decide to have their divorce mediated, generally in the interest of saving time, money, and emotional stress. The couple chooses a divorce mediator who is acceptable to both parties and sets up a first meeting with him or her. The mediator will assist the couple in reaching a fair and acceptable agreement on the parenting and financial problems that need to be addressed in this and future sessions. The mediator prepares a Memorandum of Understanding (MoU) to commemorate the agreement once the problems in the mediation have been addressed. The couple then sends this Memorandum of Understanding to their respective attorneys for approval. The Memorandum will subsequently be converted into a Marital Settlement Agreement by one of these lawyers. The other attorney reviews the Marital Settlement Agreement, and if it is acceptable, it is submitted with the court.

What is the role of the Divorce Mediator?

An certified divorce mediator is a neutral third party that engages in private talks between you and your spouse about problems that need to be addressed in order to terminate your marriage. Divorce mediators have a lot of expertise helping couples reach fair and reasonable agreements that will stand up to the scrutiny of the judge who will eventually approve your divorce. The mediator's ultimate goal is to draft the MoU, which serves as a record of the agreements reached during the mediation session.

What are the Advantages of a Divorce Mediator?

An attorney's job is to defend a client's rights, explain their choices and responsibilities, and act as an advocate for their best interests. Lawyers, on the other hand, are not necessarily required to resolve each and every little problem that arises throughout your divorce, unless of course those problems are conditions of reaching your finalized Agreement. Couples who are willing to work together to address problems in a reasonable and equitable manner may save time, money, and can typically prevent needless confrontation.

What are the Benefits of Having a Lawyer Mediate?

Divorce is a legal procedure, therefore it will eventually wind up in the legal system (before a judge). If the mediator is an attorney, the couple will benefit greatly since he or she will know what the courts will demand of divorce settlements in order for them to be considered acceptable. An attorney who is also a certified mediator is more equipped to understand current New Jersey divorce legislation and common law in relation to the problems the spouses are meditating.

What If We Have Kids?

Issues of custody and parental time-sharing with the children may be addressed via the mediation process. The custody and care of children is an important part of any divorce agreement, and the Court is concerned that any mediation agreement does not cause undue harm to the children. When it comes to problems concerning children, using the services of a certified mediator with a comprehensive understanding of New Jersey divorce law may be very beneficial in ensuring that the conditions stated in the Memorandum of Understanding are acceptable to the court.

How Much Does a Divorce Mediator's Service Cost?

The divorce mediator is compensated hourly. Sessions are typically only a few hours long, but the length of any session can be tailored to the schedules of the parties. The time it takes to reach a resolution will be determined by the complexity of the parenting and financial issues at hand.

If you're contemplating Mediation in lieu of costly and stressful litigation in court, contact us today for a free and confidential consultation at 800-709-1131 or fill out the form below.