The advantages of divorce mediation in New Jersey
The mediation process is an alternative to court litigation and offers couples several advantages when it comes to creating a settlement.
Although couples take a vow to care for one another ‘until death do us part,’ a surprising number of marriages do not make it that far. According to statistics reported by the Centers for Disease Control and Prevention, more than 50 percent of marriages end in divorce. While some emotional and heated divorce settlements are best suited for court litigation, others settlements may be created through the mediation process. This civil alternative to court divorce enables New Jersey couples to create their own settlement, based upon the unique needs and circumstances surrounding their divorce.
Looking further into mediation
While court litigation involves negotiations through attorneys, mediation enables couples to negotiate the terms of their own divorce decree. This occurs in a mediation session, which is a non-formal meeting where the couple discusses important topics, such as child custody, child support, alimony, parenting time and property division. A third-party mediator is present during the session to answer any legal questions the couple may have, and to ensure that all topics are covered in the settlement. Although attorneys are not present during the mediation session, many couples choose to meet with an attorney in order to receive personalized legal assistance.
Advantages of mediation
When compared to tradition court litigation, mediation offers couples several advantages. Both parties must be willing to enter the sessions fully prepared to disclose all information relevant to the divorce. They must also agree to help make decisions that will benefit everyone involved in the divorce. The American Bar Association lists the following benefits of the mediation process:
- More affordable: Since mediation takes place out-of-court, there are no pricy court costs to deal with.
- Quicker: While couples going through court litigation must wait for court dates, mediation offers a flexible schedule when it comes to conducting the negotiation sessions. Some settlements take just one or two mediation sessions.
- Non-confrontational: Couples who use mediation are often found to have a better relationship after the divorce is finalized. This may be due to the causal and non-confrontational atmosphere of the session. This is perfect for parents or business partners who must continue their relationship after the divorce.
- Better compliance: Couples are more likely to comply with the terms of the divorce decree when they have had a part in creating the settlement.
An attorney is required to submit the final settlement into the court for finalization.
Finding personalized legal help
While mediation enables couples to come together and customize a divorce settlement, many people still prefer to have an attorney available to look after their best interests. Seeking the help of an attorney in New Jersey may be vital to your case. Your settlement will affect your life for many years to come. A lawyer can make sure that your rights are upheld throughout the mediation process.
Keywords: divorce, mediation, litigation