No one gets married thinking it will end in divorce. It takes time for people to accept the loss of their marriage. Even if divorce is ultimately the correct decision, it is still unfortunate for all involved. When both spouses accept that their marriage is coming to an end, they have to come to agreement on many issues, including child custody, property division and support. If the spouses cannot reach agreement, the court will have to decide these issues. A Monmouth County divorce mediation lawyer can guide and support you through the process of mediation.
When divorcing spouses are on the same emotional page, mediation is the best way for them to come to agreement and achieve a relatively amicable divorce. Mediation offers more control over the outcome and is far more economical than litigation. If you and your spouse are thinking about mediation, consider working with The Law Office of Jennifer J. McCaskill, LLC. Ms. McCaskill was trained as a family law mediator by the New Jersey Association of Professional Mediators. She has also practiced family law for more than 10 years. Her depth and breadth of experience offers tangible benefits to the people facing family law issues.
What Is Divorce Mediation in NJ?
Divorce mediation is a low conflict process of dissolving a marriage without a long, draining, expensive court battle. If you and your soon-to-be ex-spouse are able to agree on most of the major issues involved in the dissolution of marriage, you may be able to obtain a quick, amicable, and economical divorce through the process of mediation.
One of the available alternative dispute resolution (ADR) processes in New Jersey, mediation focuses on resolving the legal issues while also addressing the emotional wellbeing of both spouses and any children. If you’re interested in exploring the option of divorce mediation contact The Law Office of Jennifer J. McCaskill today to speak with a Monmouth County divorce mediation lawyer.
How Does Mediation in New Jersey Work?
In mediation, the spouses work closely with a mediator to discuss their differences and work toward solutions. The spouses may or may not have lawyers. The mediator cannot give legal advice but may suggest how courts are likely to look at each spouse’s position. It typically takes multiple sessions for the spouses to reach an agreement on property division, child custody and other matters.
Over her career, Ms. McCaskill has participated in several hundred mediations. In some, she represented clients as a divorce attorney. In others, she served as the mediator. Often, she has participated as an Intensive Settlement Panelist and as a panelist for the Early Settlement Program, Matrimonial Division, in Monmouth County. When mediating a divorce, our goal is to help parties find common ground and create workable solutions.
What Are the Benefits of Divorce Mediation?
Generally speaking, mediation is a cost-effective, low conflict method of dissolving a marriage without the need for legal representation. But there are benefits beyond just avoiding court costs.
Some of the most attractive benefits of divorce mediation include:
- You can hire a lawyer to accompany you at all mediation sessions, and the process will still be less expensive than litigation.
- Both parties have greater control over the process and the outcome.
- Mediation allows a level of creativity that does not exist in court, allowing you and your soon-to-be-ex spouse to make decisions based on the best interests of your family.
- Mediation is entirely confidential, whereas the court process is very public. In addition to being able to access court documents, people can even sit in the courtroom and watch your divorce trial.
- As a neutral third party, the mediator is able to create an environment for healthy communication and dispute resolution.
If you have questions about whether mediation is a good solution for your impending divorce, a Monmouth County divorce mediation lawyer at the Law Office of Jennifer J. McCaskill, LLC can help. We will review your situation to determine which legal strategy best aligns with your unique needs and objectives.
Frequently Asked Questions About Divorce Mediation in NJ
Do Lawyers Attend Divorce Mediation?
Although lawyers are not required as part of the mediation process, one or both parties may choose to also be represented by a lawyer during mediation. As a mediator cannot give legal advice, it is up to each party to decide whether they wish to hire legal counsel.
Should I Use a Mediator or Lawyer For Divorce?
When appropriate, mediation has many advantages, but it’s not the answer for every divorcing couple. When determining whether you should use a mediator or lawyer for your divorce, it’s important to consider the advantages and disadvantages of mediation.
Mediation is usually less expensive, must faster, and gives you greater flexibility to reach a creative settlement that works well for both parties. When one spouse has more power than another, however, mediation can be a terrible idea. For example, if one spouse was physically or mentally abusive, the abusive spouse could use this power dynamic to take advantage of the abused spouse, without the mediator’s knowledge.
Furthermore, if your ex withholds important information or other similar problems arise, mediation doesn’t provide the legal recourse provided by a court proceeding. An NJ family law attorney can help you determine how to proceed if you are unsure whether mediation is a good option for you.
Who Pays For a Mediator in a Divorce Mediation?
The amount paid by each spouse for mediation varies, but it is intended to be fair, relative to each party’s respective income. In most cases, the cost will be split down the middle, with both spouses paying half. When income is extremely disproportionate, however, the costs will likely be split pro rata, or proportionate to each spouse’s income.
How Long Does Mediation Take In NJ?
The duration of mediation can vary widely, but it is almost always quicker than litigation. In fact, if the divorcing couple is amicable and agrees on all issues, mediation can begin and end in one day. Generally speaking, however, the mediation process occurs during several sessions over a period of a few weeks or months.
Contact the Divorce Mediation Attorneys at the Law Office of Jennifer J. McCaskill, LLC Today
If you are wondering whether mediation or another form of alternative dispute resolution is a good option for your divorce, the skilled legal team at the Law Office of Jennifer J. McCaskill, LLC can help. We have helped countless clients in Red Bank and across Monmouth County, Ocean County, Middlesex County, Somerset County and the surrounding areas of NJ protect their interests and obtain the outcome they desire from their divorce.
Contact the Law Office of Jennifer J. McCaskill, LLC today at (732) 747-1882 for a confidential consultation about your case.