In recent years, mediation has become the preferred method for couples to dissolve their marriage. This alternative dispute resolution is often less expensive and less time-consuming than litigation. However, this process won’t work for every divorce. For instance, if you are currently experiencing domestic abuse or are afraid of your spouse, this is likely not right for your situation. If you are considering this divorce route, please continue reading to learn whether agreements made during Monmouth County Mediation are legally binding.
What is Mediation?
Through divorce mediation, you and your spouse will meet with a neutral, third-party mediator in an informal setting. Sessions will be guided by the mediator, who will facilitate communications and help the spouses resolve their disputed issues, such as child custody, visitation schedules, child support, spousal support, and property division, to record the settlement in a divorce agreement. This is a voluntary and confidential process. Contrary to popular belief the mediator does not have the final say over the terms that will apply to the termination of your marriage. Instead, listen to each party’s different issues and feelings. Then they will help parties create a solution that feels acceptable and fair to everyone involved.
Are Agreements Made in Divorce Mediation Legally Binding?
As mentioned above, if you and your spouse can negotiate a mutually acceptable solution through mediation, you may be able to avoid going to court. That said, mediation itself is not usually binding unless it’s sanctioned by the court, meaning you will have to attend sessions to negotiate the terms that will apply to the termination of your marriage. However, if you and your spouse agree, the written contract can be legally binding. This is the case after both parties have willingly signed the contract and the court has approved. If one party fails to uphold the divorce terms stipulated in the agreement, it can result in time in court, hefty fines, a civil arrest, or other serious legal action.
Nevertheless, you should not sign any documents during mediation until you have your legal representation review them. If you agree with all the divorce terms set forth, your lawyer can help you create a that specifies the terms you and your spouse have both accepted. If you are interested in learning more about mediation, please don’t hesitate to contact Paone Zaleski & Murphy for the quality mediation services you deserve and need. We are prepared to help you make an informed decision on whether this is the best legal avenue to achieve the best possible outcome for your case.
