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What to Consider When Contemplating Mediation

New Jersey Divorce Lawyer » What to Consider When Contemplating Mediation

While going through a divorce, you and your spouse will have to negotiate. There are different ways you can go about a divorce and many couples are now choosing mediation as that option. Mediation is a method of alternative dispute resolution that is available during a divorce. This process involves a third party to facilitate negotiations in terms of the divorce.

Understanding how mediation works is an important step to deciding if it is for you. This is a quicker and less expensive option for couples going through a divorce. It is also an option that provides privacy during the divorce process. You can avoid facing a judge and you and your spouse can make a settlement in a confidential setting.

The goal of mediation

When getting a divorce, it is common for couples to feel overwhelmed by excessive costs and a delayed litigation system. There are some cases such as child custody arguments where most states require mediation. The goal of this process is to create a legally sound agreement that can lessen the hostility. This is especially important when children are involved as preventing trauma from divorce is key.

Choosing mediation as your method may be an advantage for you and your spouse as the neutral third party is there to promote communication and understanding. While you are creating your own agreements, you may avoid dissatisfaction in the end. Couples who mediate can avoid issues that can occur when going to trial.

Though mediation has been found to be an effective way for many couples to negotiate a divorce settlement, it is not for everyone. Domestic violence, for example, is a notable situation where mediation may not be the best decision. Mediation provides an informality that you may not want if domestic violence is involved. In these cases, heading right to court could be beneficial for settlements.

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