When you go through a divorce, you may find that coming to terms with certain matters with your spouse is incredibly difficult. However, as you both want to avoid litigating your divorce in court, you may try mediation. It’s imperative to understand that divorce mediation is confidential, meaning you have increased privacy during these difficult matters. If you’re unsure why you should consider mediating your divorce, the following blog covers how this process works and why keeping these matters private is a benefit. You’ll also learn how a Somerset County divorce attorney can help you through these difficult times.
How Does Divorce Mediation Work?
When you and your spouse go through a divorce, you may try to work these matters out on your own. However, if you cannot reach an agreement but want to avoid going to court to resolve these issues, you may benefit from mediation. This is the process in which you and your spouse will meet with a neutral third-party entity who can help you reach an agreement on these matters.
It’s important to note that the mediator is not there to take sides or provide legal advice to either party. Instead, they are there to facilitate the conversation and suggest compromises the couple may be able to make.
If you successfully complete mediation, meaning you and your spouse agree on all relevant matters, the mediator will create an agreement you will both sign, before submitting this to the courts. The judge assigned to your case will review the agreement to ensure it is legally valid before adding it as a part of your official divorce decree.
Why Is Mediation Confidential?
One of the many reasons divorcing couples choose to pursue mediation over litigation is because it is confidential. As such, you can rest assured that any information discussed in the meeting will not be considered public record like it would if you pursued litigation for your divorce. This is ideal for many couples, as most do not want the sensitive details of their marriage and divorce out there for anyone to see.
As such, you can rest assured that anything said during mediation will remain confidential. The main goal of mediation is to ensure both parties feel comfortable enough to speak their mind, so keeping the issues discussed in these meetings confidential encourages both parties to speak openly without fear of their information becoming public.
It is important to understand that mediation is not for everyone. If there is a significant power imbalance or a history of domestic abuse, mediation is not recommended as the process hinders both parties from feeling comfortable speaking openly. In instances where there is a power imbalance, the victim will often be afraid to express their feelings or desires, so mediation is ineffective.
While many assume they do not need legal representation when pursuing mediation, having an attorney on your side during this process is recommended. Your lawyer can help you file the necessary paperwork at the start of the divorce process and review the agreement reached during meditation to ensure it reflects your best interest. At the Siragusa Law Firm, our team will do everything possible to assist you in these matters. Contact us today to learn more.
