Divorce is often a challenging and emotional process, especially if you choose to take your case to court. Fortunately, there are alternatives to the traditional court divorce process. One popular alternative is mediation. For the most part, divorce mediation is a voluntary process. However, in New Jersey, court-ordered mediation can also happen in certain situations. Mediation can help reduce conflict between divorcing spouses. It can also help save time and money by avoiding lengthy court battles. With the help of a neutral third party (a mediator), divorcing spouses can work together to resolve various divorce-related issues, such as child custody, property division, and alimony, in a more cooperative manner. Below, we explore more about divorce mediation.
What is Divorce Mediation?
Mediation is an alternative dispute resolution (ADR) method that involves parties coming together to decide on divorce-related issues with the help of a neutral third party called a mediator. The mediator guides the parties through the process in a positive, constructive way. They help them communicate and reach a mutually agreeable resolution. The divorce mediator does not make decisions for the couple.
Often, divorcing couples choose to go through mediation. However, mediation can also be a required step in the divorce process. The court may require couples to go through mediation before proceeding to trial. Whether divorce mediation is voluntary or court-ordered, it can have several benefits, including;
- Lowering legal costs
- Reducing emotional stress
- Promoting quicker resolutions
- Offering confidentiality
- Offering flexibility
- Preserving relationships
How Does Mediation Work in New Jersey?
The following are the general steps involved in the divorce mediation process in New Jersey;
- Choosing a mediator
- Initial meeting
- Negotiation sessions
- Drafting an agreement
If the couple does not reach an agreement during mediation, some possible next steps include proceeding with litigation, additional mediation sessions, or arbitration. Arbitration is another alternative to litigation. This process involves working with a neutral third party called an arbitrator. An arbitrator hears both sides of the case and then makes a binding decision on the contested issues.
Is Mediation Suitable in All Cases?
Mediation is suitable in many situations, but not all situations. There are a number of situations where mediation is inappropriate for divorcing couples. One situation where mediation is almost always inappropriate is where a spouse is experiencing domestic violence. A victim of domestic violence may be easily susceptible to being manipulated to the wishes and benefits of the abuser. The following are other situations when mediation may not be suitable;
- There is a serious imbalance of power
- A spouse has an untreated substance abuse disorder
- One spouse is unwilling to cooperate
- The divorce involves complex financial issues
How Long Does Divorce Mediation Take?
Divorce mediation can vary in length based on the specifics of the case. However, even a longer mediation will take significantly less time than litigation. Some of the factors that can impact the length of mediation include the case’s complexity, the level of conflict between parties, and the parties’ willingness to cooperate and compromise.
How Much Does Divorce Mediation Cost?
The cost of divorce mediation varies depending on the facts of the case. However, it is usually less than the cost of litigation. Some factors that can impact the cost of divorce mediation include the number of sessions, the level of conflict, and the mediator’s hourly rate.
Contact Us for Legal Help
If you have questions or need help with your divorce case, contact our skilled New Jersey family lawyer at the Trabosh Law Firm.