Some couples are able to agree on mutually favorable terms without the assistance of a third-party when going through a divorce. However, it is more common for couples to not agree on the terms of their divorce because of overwhelming emotions that are making it difficult to see eye to eye on things like alimony, dividing assets, and child custody arrangements. Couples in these situations may find that mediation is helpful.
Learn More about Mediation
Mediation involves a divorcing couple consulting with an impartial third party who has received specific training in the art of mediation. Their goal is not to make decisions for the couple. The final decisions are always made by the divorcing couple. The mediator is there to steer the conversation in a productive and positive direction and help them work through their disputes.
Why Mediation Can Be Beneficial
Couples who need help agreeing on and finalizing important details of their divorce may turn to a mediator. Mediation is often a good option for the following reasons.
• Court disputes are expensive, so mediation can save the couple money.
• Both spouses have a say in their divorce, and the final decision is left up to them.
• Open communication is encouraged, which leads to less stress.
• All proceedings are confidential.
Basic Steps of the Mediation Process
If you have determined that the assistance of a mediator will help you solve disputes in your divorce, it is good for you to understand the mediation process. You will work closely with your attorney in preparation for mediation. Before the day of your mediation proceedings, you and your NJ divorce attorney will discuss disputes that you have with your spouse and how to defend your position. You will also gather information to support your case, like important documents and evidence.
Everything starts with an initial meeting. You, your spouse, and the mediator will meet together and look at the guidelines for the mediation process. If you and your spouse agree, you both can have your lawyers present. All proceedings are confidential, and everyone who is in the meeting is expected to honor that agreement. The goal of the mediator is to move the discussion in a positive direction, not make decisions.
Each spouse can make an opening statement during the meeting. This allows each individual to talk about problems they would like to discuss and how they would like the problems resolved.
A joint session can be arranged if the mediator would like to talk more with the couple. If the couple is willing, the mediator may ask questions about their disputes and request that they be answered in an open and honest way.
Individual sessions can be helpful since spouses who choose to use a mediator cannot reach an agreement on how their divorce proceedings should continue. Individual sessions involve the mediator speaking with each spouse separately, perhaps going back and forth between each individual and sharing what has been said.
A joint discussion can be arranged again once progress has been made and the discussion is at the point of negotiation and settlement. The goal is to help the spouses make a decision that they mutually agree on. If the mediator is able to help each spouse come to an agreement, it may be written out and signed by each individual in the moment. This serves as a legally binding contract.
How Divorce Attorneys in New Jersey Can Help You
Are you and your spouse having a hard time making mutually agreeable decisions as you go through your divorce? If so, you may want to consider mediation. This is a powerful tool that can be used to work through disputes and tough issues. Call Spodek Law Group today and see if this is the right option for your situation.
Our team of attorneys have many years of family legal experience. We have helped our divorcing clients in the past to reach decisions that were mutually beneficial using mediation. If you and your spouse cannot see eye to eye and you don’t want the frustration and costs associated with court, call us to learn more about mediation. We offer our clients free consultations. This will give you the chance to have your questions answered.