While divorce is often seen as an adversarial process, a significant number of couples are discovering that dissolving their marriage doesn’t have to involve prolonged and costly courtroom battles. New Jersey courts acknowledge and promote alternative dispute resolution (ADR) methods for couples who can work together. Continue reading to understand the distinctions between mediation and collaborative divorce, and why it’s crucial to consult with our seasoned Monmouth County Divorce & Separation Attorneys.
What is Mediation?
First and foremost, it’s important to note that alternative dispute resolution (ADR) refers to methods for resolving legal matters outside of traditional court litigation. It encompasses different techniques like mediation, arbitration, neutral evaluation, and collaborative law.
Mediation utilizes a neutral third party to facilitate discussions between spouses. The mediator’s role is to help both parties communicate effectively, identify specific needs, and explore potential solutions impartially. It’s important to note that the mediator doesn’t make decisions or impose a resolution. This process is typically less formal and offers greater flexibility compared to courtroom proceedings.
With mediation, the mediator doesn’t advocate for either side but serves to help the parties communicate effectively to reach an agreement on the terms that will apply to the termination of their marriage. These sessions are confidential, enabling parties to speak freely. Additionally, you retain more control over the decisions made regarding your divorce.
What is Collaborative Divorce?
In contrast, collaborative divorce is a process in which both spouses engage legal counsel formally trained in collaborative law. This process prioritizes negotiation and settlement, thereby circumventing traditional litigation. It frequently incorporates the expertise of additional professionals, such as financial specialists, psychologists, or therapirsts ot address specific issues. A crucial element of this approach is the absence of a formal discovery process; instead, each party is expected to cooperate and voluntarily disclose all pertinent information.
How Do They Differ in NJ?
It’s important to understand that mediation and collaborative divorce offer alternative approaches to traditional divorce litigation. However, they possess unique characteristics that could sway your decision on which is right for you.
Generally, mediation presents a more cost-effective alternative to collaborative divorce, largely due to its reduced reliance on professionals and less time spent in negotiations. Collaborative divorce, while potentially incurring higher costs, may provide a more exhaustive method when addressing multifaceted concerns. The main difference between mediation and collaborative divorce is the structure and the extent to which legal counsel is involved.
The decision between mediation and collaborative divorce hinges on your unique situation and the dynamic you share with your spouse. Regardless of the divorce route you select, we can assist you. At Paone Zaleksi & Murphy, we will help you determine the best course of action. Connect with our firm today to schedule a consultation.
