There are a number of ways that mediation differs from a litigated divorce. Read on to learn more and reach out to our skilled Somerset County divorce attorney.
How does the mediation process work in New Jersey?
Contrary to how the litigation process works in New Jersey, a mediation is performed privately and not in a courtroom. Typically, mediation is accomplished with the assistance of a mediator who acts as a neutral third party. The mediator assists both parties with communicating with one another in order to come to an agreement. It is essential to keep in mind that the mediator does not choose sides or arrive at a solution. Rather, the neutral party is a moderator and only helps the parties work together to reach an agreement.
The mediation process does not include a judge or decision-maker. Instead, each party, on their own, will reach an agreement that is beneficial to both parties. There is no “loser” in the process. Both participants seek to reach creative resolutions, which support everyone’s needs. Also, because parties are forced to communicate through this, it helps support contact in the future after the divorce is resolved.
Why is mediation often picked over a litigated divorce?
A litigated divorce is often not chosen over a mediation for a number of reasons. One of the biggest reasons is that a mediated divorce is flexible and can be completed any day of the week for as many days as needed. In many divorce law disputes, a lot of factors are involved just to create the final court date. Court appearances do not need to be months apart. Because there is plenty of flexibility in designing the process, it is much easier for parties to come together and reach a decision. While a resolution may be found in just a few months through mediation, many family law disputes take over a year to resolve in court.
Another reason is that the mediation process is much more affordable than litigation. By selecting mediation, you will cut out many of the administrative costs related to appearing in front of a judge and court personnel. It is also critical to recognize that the parties have more of a voice in this process. This is because an agreement or “ruling” is made by those directly involved in the dispute. On the other hand, a court appearance in public makes it difficult to comprehensively debate pressing matters.
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