
Many assume that all divorces are bitter court battles in which both parties are fighting through their attorneys. While this is the case for some couples, this is not the only outcome. You may find that mediation is an ideal option. In fact, the courts are so confident that mediation is effective that it is a required step in the divorce process in New Jersey. If you’re going through a divorce, understanding what to expect from mandatory mediation is critical. The following blog explores what you should know and why it’s in your best interest to connect with a Somerset County divorce attorney who can help you fight for the best possible outcome.
What Is Mediation?
Mediation is a form of dispute resolution in which disagreeing parties will meet to try to compromise the outcome of their disagreement. These meetings are facilitated by a neutral third-party entity, known as a mediator, who will not take sides during these discussions. Instead, their role is to help the parties reach an agreement by staying unbiased. Additionally, the mediator cannot provide legal advice to either party.
This is used in all forms of disputes, from employers and employees to landlords and tenants. However, it is most commonly employed for divorcing couples.
Is Mediation Mandatory in New Jersey Divorce?
In New Jersey, when a couple divorces, the courts will require them to attempt to mediate their divorce before having the matters decided by a judge. This is done for a number of reasons.
The courts, first and foremost, are often overwhelmed by the amount of cases they see. Because mediation can be an effective tool in determining the outcome of a divorce, the courts are able to free up space from couples that would otherwise clog the system.
Additionally, mediation allows the couple to have a greater say over the outcome of their divorce. This is because the couple can work together to try to determine how to handle matters related to property distribution, custody, and alimony, as opposed to letting a judge who is unfamiliar with their circumstances issue a decision.
Finally, mediation also grants the divorcing couple more privacy. When your case is presented in front of a judge, the details of your case are recorded and can become public information. Meditation, on the other hand, is entirely confidential. The only thing that will leave the meetings is the final divorce agreement that both parties must sign and present to the judge.
As you can see, there are several considerations you should make if you are going through a divorce. Though an attorney is not necessarily required for mediation, it’s important to obtain legal representation for this process. Not only can an attorney help you through filing for divorce, but they can also ensure the mediation agreement is fair and represents your best interest before you sign it.
At the Siragusa Law Firm, we understand how complicated these matters can be. Contact our firm today to learn how we can assist you if you have decided a divorce is in your best interest.