Why Consider Mediation for a New Jersey Divorce?
Many New Jersey couples are seeing the problems that litigating divorce can lead to, which is contributing to the rise in the popularity of divorce mediation as an alternative to litigation
October 19, 2012
Why Consider Mediation for a New Jersey Divorce?When people think of the word "divorce," it may conjure up images of couples bitterly quarreling over every last item the family owned, protracted court battles and huge attorney fees. Many New Jersey couples are seeing the problems that litigating divorce can lead to, which is contributing to the rise in the popularity of divorce mediation as an alternative to litigation. New Jersey residents should understand the divorce mediation process and potential benefits of mediation.
Mediation Process
When a couple decides to use mediation for a divorce, they meet with a mediator for several sessions. The mediator is a neutral third party helping facilitate communication between the parties so they can reach agreements about the issues between them. The mediator has an obligation to be fair to both parties and not advocate for either side. The mediator's goal is to help the couple reach resolutions to problems that are acceptable to both spouses.
Divorce mediation may address issues such as:
-Child custody and visitation
-Child support
-Distribution of assets and debts
-Alimony
Everything people say during the mediation sessions is confidential, so if the parties are unable to resolve their differences in mediation and do end up going to court, they may not use mediation discussions as evidence.
Each party may be represented by a lawyer, who may accompany the parties to the mediation sessions. Once the parties reach an agreement, the attorneys draft documents and file them with the court so the agreements are binding.
Benefits of Mediation
Mediation offers people several advantages over litigating a divorce. People who use divorce mediation report feeling satisfied with the process and outcome of their divorces more frequently than those who go to court. When people use mediation, they are making decisions about what happens to their family and property, instead of leaving the decisions to a judge who does not know them.
People who mediate also report fewer feelings of anger and hostility to their former spouses than those who use litigation. This can be particularly important when children are involved. Maintaining a civil relationship with an ex-spouse is one of the most important factors in successful co-parenting after divorce, according to experts, and those who use divorce mediation often have an easier time doing so than those who go to court.
Mediation is often less expensive and faster than litigation, as well.
Consult an Attorney
Making the decision to divorce can be difficult and many people want to minimize any negative impact that divorce will have on everyone involved. Mediation may be one way to do so. Those with questions about divorce mediation should speak with a lawyer with substantial experience in divorce mediation to help determine whether mediation is right for them.
Article provided by Jeffrey S. Karl, P.A.
Visit us at http://www.jeffreyskarl.com