Navigating a divorce can be challenging and emotionally taxing. Negotiation and mediation offer alternative paths to traditional litigation, promote cooperation, and often result in less stress and lower costs. In New Jersey, these approaches are widely encouraged. Below are some pointers to help you through this process:
Understand Negotiation and Mediation
Negotiation takes place between the two parties and/or their respective attorneys, with the intention of resolving disagreements without court intervention.
Mediation utilizes the assistance of a neutral third party (the mediator) who facilitates discussions between the divorcing parties and their attorneys to help them reach agreements on unresolved issues. The mediator does not give the parties legal advice or advocate for either side. And, unlike a judge, a mediator does not make decisions but assists the parties in reaching a mutually satisfactory resolution.
Both processes aim to promote cooperation and maintain control over the final decisions.
Choose the Right Lawyer and Mediator
The success of negotiation and mediation often hinges on choosing the right professionals. Select both a lawyer and mediator who specialize in family law and have excellent communication skills. Consider choosing a mediator who has completed approved family law mediation training.
Be Prepared
Provide your lawyer with all requested documents which may include tax returns, W2s, 1099s, paystubs, and account statements. Familiarize yourself with all the financial aspects of your matter, including each party’s income, assets and their values, and the balances of each debt. Before negotiation or mediation sessions, take time to confer with your lawyer to understand your rights, obligations, and the laws pertaining to divorce, custody, support, division of assets and debts, and any other relevant issues in your matter. Reviewing this information and documentation will help you to define your needs and desires and to negotiate effectively.
Stay Focused on the Big Picture
Take the time to define your needs and goals. While it’s important to advocate for your interests, remember to consider and focus on your broader needs and goals. Prioritize resolving the major issues over winning every small argument.
Keep an Open Mind
Successful negotiation and mediation require compromise. Though neither party will be 100% pleased, being open-minded, flexible, and willing to compromise can help in reaching an agreement that addresses everyone’s goals.
Consider the Best Interests of the Children
New Jersey courts prioritize the best interests of the child. Keep this principle at the forefront when negotiating issues related to child custody, parenting time, and child support.
Use Professionals as Needed
Consider hiring experts such as financial advisors, appraisers, accountants, psychologists, or child specialists to aid in decision-making. Their input can be invaluable, particularly for complex matters.
Review Agreement Thoroughly
Once an agreement is reached and prepared, review it thoroughly with your attorney before signing to ensure your rights are protected and you understand your responsibilities.
Negotiation and mediation offer a less stressful path than litigation to resolving issues in a divorce matter. However, the process can still be complex. Consult with a New Jersey family law attorney to understand your rights and options. The aim is to reach a resolution that respects the interests of all parties and promotes a positive future.
If you or someone you know has a question regarding mediation or negotiation a Settlement Agreement, contact the Williams Law Group, at (908) 810-1083, today to learn more about how we can assist you.
