Deciding to end a marriage is already fraught with emotional difficulties. The divorce process should not have to be financially draining and time-consuming as well. Some couples prefer to avoid the hassles of divorce litigation and choose instead to work together with a family law mediator in New Jersey to come to a resolution. If you are currently seeking a divorce and looking for alternatives to the drawn-out and expensive litigation process, you should contact a Montclair mediation lawyer to see if this path is the most suitable option for your situation.
Divorce mediation is an alternative method to litigation. It provides couples with a private option to work together to resolve any pertinent issues related to the dissolution of their marriage. As such, couples may discuss child custody, property division, spousal maintenance, and other related topics.
Couples in a mediation work to achieve mutually beneficial solutions. Information revealed in these discussions are confidential, and either party can choose to stop negotiations at any point. In their mediation sessions, couples can work to resolve their differences with the help of a neutral third party known as a mediator. An experienced local attorney could explain the mediation process and provide more information as to why this form of alternative dispute resolution may be beneficial.
In typical divorce litigation cases, both parties choose their own attorneys. Each attorney then looks out for the particular interests of their own client. This often leads to lengthy back and forth arguing and both parties may end up bickering over even relatively small issues.
In mediation, couples choose an independent third party to help them work together to resolve any of their disagreements. Working with a mediator can be quicker, more efficient, and it can save couples a great deal of money. New Jersey divorce mediators go through a training process and must receive accreditation. They have experience in helping couples reach agreements that are fair to both parties. Mediators act as facilitators of settlements, instead of as advocates for the individual parties. Mediators who are licensed New Jersey attorneys are particularly beneficial for couples because they have experience with state divorce law. They can advise couples as to how courts would view the various issues that the couples are discussing.
In a typical mediation, both parties agree to meet with the independent mediator. In that initial meeting, the parties discuss what the critical issues are, and what they hope to achieve through this form of dispute resolution. After that first meeting, the mediator often meets individually with both parties to hear their arguments and to learn what their ideal outcomes would be. The information revealed in those separate sessions is kept confidential by the mediator. Usually, after meeting individually with one party, the mediator will present the other party with settlement options to discuss. Then, the mediator will return to the first party with proposed modifications or a counteroffer.
After both parties reach an agreement on all of their disputes, the mediator will write up the terms of their settlement in a memorandum of understanding. If desired, the parties then have the opportunity to review this memorandum with their individual attorneys. If approved by both parties, the memorandum will then turn into a formal marital separation agreement that the mediator will file with the court. A lawyer in the area could guide any party throughout each step of the mediation process and negotiate with their best interests in mind.
Working with an experienced mediator can help bring a more peaceful and less costly end to the already difficult divorce process. If you believe that you can work amicably with your spouse to resolve some of the most challenging issues pertaining to your split, then mediation might be the right solution for you. Reach out to a Montclair mediation lawyer today to schedule an initial consultation.