What is Divorce Through Mediation?

When couples wish to divorce, they often seek alternative methods outside of a courtroom. While it is not possible for all couples, it can be beneficial for others to reach agreements regarding their marital issues without litigation. One type of divorce available to couples is the method of mediation. Mediation allows a couple to negotiate the terms of their divorce with the assistance of an unbiased third party. Conversations in mediation may cover issues such as child custody, child support, the division of assets, and alimony.

What is Mediation?

Mediation is useful in allowing spouses to come together on their own to reach a decision regarding their issues. The allows couples to come together, resolve any unaddressed issues, and agree to divorce terms. This lets spouses end their relationship properly. A neutral third party sits in on all mediation sessions to listen to both spouses and help them reach decisions that are best for them. This helps spouses avoid any turmoil and unnecessary expenses of divorcing through litigation.

Benefits of Mediation

There are many benefits to choosing divorce through mediation instead of through a trial. This may include:

  • Control over the situation: Mediation gives spouses to control over the outcome of their marital issues. When a divorce happens through litigation, a judge has the right to make any decisions. Mediation leaves these decisions in the hands of the spouses.
  • Confidentiality: The process of mediation is confidential. Neither spouse or the third party can share any information shared during mediation or use it against one another. This allows both spouses to be open and honest with one another during the process.
  • Speed: Mediation is a quicker process than other methods of divorce. The process may last only a few sessions. This is usually dependent upon on the couple and how many unresolved issues there are to address.
  • Cost: Unlike divorcing through litigation, mediation is cost-effective. Divorce through trial can be expensive for both the couple and the state.
  • Choice: Going through the process of mediation is a choice made by the couple. It is a voluntary process in which spouses can reach positive agreements.
  • Family: When a couple chooses mediation over divorce through trial, it can benefit the family involved. Divorce trials can often be difficult and hostile, while mediation creates a more healthy interaction. This is especially beneficial for parents with children.

How Does the Process End?

When a couple reaches an agreement regarding their marital issues, the mediator will draft a Memorandum of Understanding. This outlines the conclusions that were met in mediation. Both spouses take the Memorandum to their attorneys, who will then create a Matrimonial Settlement Agreement. Once this is signed, both spouses can go to court as an uncontested case and finalize their divorce.

Contact our Firm

If you or someone you know is going through a divorce and wishes to speak with legal representation, contact the Law Offices of Paone Zaleski & Murphy today.

If you require strong legal representation for matters of divorce and family law in New Jersey, contact The Law Offices of Paone, Zaleski & Murphy to schedule a consultation with one of our experienced attorneys today