When going through the divorce process in New Jersey, you may wonder whether a judge will require you and your spouse to undergo mediation to resolve your disputed issues. Mediation can be an effective tool for couples who are willing to compromise to settle their divorce. In some states, judges can order divorcing parties to participate in mandatory mediation sessions to reach an agreement on the terms that will apply to the termination of their marriage. Please continue reading to familiarize yourself with what you can expect during this process and why it’s in your best interest to consider Monmouth County Mediation to help you through these complex matters.
How Does Mediation Work?
Divorce mediation is a form of alternative dispute resolution. In divorce mediation, you and your spouse will meet with a neutral third-party mediator to discuss and work through the issues in your divorce. This may include alimony, child custody, child support, and property division. Mediation sessions are intended to help divorcing parties negotiate a compromise. Contrary to popular belief, the mediator doesn’t have the final say on the terms that will apply to the termination of the marriage. The mediator will offer solutions to specific issues to reach an agreed-upon divorce settlement agreement.
Is Mediation a Mandatory Requirement for Divorce?
While divorce mediation is usually a viable option for couples who wish to obtain an amicable divorce, a judge can order you to participate in mandatory mediation during the divorce process. Divorcing couples who disagree over essential matters must attempt to reach an agreement through mediation before settling their disputes through traditional litigation. New Jersey courts recognize that mediation can be an effective tool for resolving differences out of court.
It’s important to note that divorcing spouses can voluntarily choose meditation at any time. However, if one spouse is unwilling to cooperate, then the likelihood of the process being successful is low. If both spouses are willing to commit to mediation in good faith, then there is a strong chance that they will be able to set the terms that will apply to the termination of their marriage. Mediation can save both parties time and money; this alternative dispute resolution doesn’t require litigation. You will also have more control over the outcome of your divorce rather than having a judge issue a decision regarding the terms that will apply to the termination of your marriage. Furthermore, your divorce can provide more privacy as mediation sessions are confidential.
At Paone Zaleski & Murphy, we are prepared to help you understand your legal options and advocate for your interests. If you are facing a divorce in New Jersey, please don’t hesitate to contact our legal team today to learn how we can help assist you.
