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Traditionally, married couples seeking a divorce will go through the process of litigation to resolve disputes like child custody or property division. This process can be costly and time-consuming.
Mediation has become a useful tool for couples interested in avoiding the cost and stress of a contentious divorce. With the help of our thoughtful divorce attorneys, it could be possible to secure the dissolution of a marriage without the need for a formal hearing. Let a Maplewood mediation lawyer assist you in simplifying the divorce process so you can move forward with your life.
Mediation in New Jersey is a common type of alternative dispute resolution and is used in divorce cases to help the spouses reach a consensus without the need for costly litigation. This is often in the best interest of both parties, as drawn-out divorce proceedings can drain time and money.
Mediation is an informal meeting involving both parties and their legal counsel. Instead of a judge, the process is overseen by a neutral mediator, who is usually a retired judge or practicing attorney. An experienced Maplewood attorney could ensure that the best interests of the party they represent are heard and considered during the mediation. Mediating a case is not intended to be adversarial like a trial. The mediator is not there to pick a side, but to assist the parties in reaching an agreement together.
A case can be mediated in different ways. Sometimes, mediators will sit down with all of the parties and guide a discussion on the contested issues of a divorce. In other situations, each party will be in their own room, and the mediator will go between the parties to exchange offers and suggestions. This method could be helpful for spouses who do not get along.
During a mediated case, couples can address all of the primary issues of a divorce, including child custody and spousal support. It is important to remember that the court must sign off on any final mediation agreement before it becomes an order of the court.
In some state jurisdictions, mediating a case is voluntary or required on a case-by-case basis, however, that is not the case in New Jersey. According to state law, every case must be mediated before the court will resolve a divorce case at trial. This requirement is intended to prevent a large number of divorce trials from overwhelming the court dockets.
The requirement is also a testament to the effectiveness of a case being mediated. For many couples, mediation is a powerful tool that allows a marriage to end without a stressful, drawn-out litigation. A Maplewood attorney could help someone understand the positive benefit mediating a case has during a divorce.
There is an important exception to the requirement of mandatory mediation related to domestic violence allegations between the spouses. If a court has issued a temporary or final domestic violence order, the court may not refer the divorce case to mediation. This exception requires a formal order, and allegations of domestic violence without a court order will not initiate the exception.
If you are going through a divorce in New Jersey, mediating your case could be a useful option for you. Mediation is typically required in divorce cases, and resolving a dispute in this manner could be in your best interest. Mediating a case is often less costly and time-consuming than a traditional divorce. To learn more, reach out to one of our Maplewood mediation lawyers right away.