New Jersey courts may require divorcing couples to attend mediation sessions before allowing the case to proceed to court. This can be beneficial for the couple by giving them a chance to work out their issues on their own before seeking the help of a judge. Contact one of our Sparta family law mediation attorneys to discuss your divorce and the pros and cons of mediation.
What is Mediation?
Mediation is one of many alternate dispute resolutions that can be used to help divorcing couples reach a mutually beneficial agreement when discussing the terms of their divorce. Many topics can be addressed during mediation including alimony, child custody, child support, the division of property, and more.
If a couple goes through mediation they will meet with a mediator who is trained to assist in resolving conflict. They specialize in communication and negotiation and can help guide the conversation in a positive and productive manner. The mediator has no authority over agreements, they simply help the couple through difficult conversations and aid in creating a settlement that satisfies both parties. The mediator should be a neutral, impartial person who will not benefit in any way from the outcome of these negotiations.
Is Mediation Required During NJ Divorces?
While couples can choose to try mediation at any point during their divorce, New Jersey courts do have the authority to mandate court-ordered mediation. Before bringing certain disputes into court, a judge can require the couple to attend 2 hours of mediation where they will attempt to work out certain issues. Not every couple will reach a successful resolution through this process but it can certainly be beneficial. If the couple does not come to an agreement they will go to court. However, if they succeed they can avoid the hassle and costs associated with litigation.
Is Mediation Worth It?
If a judge orders you and your spouse to attend mediation before taking your divorce to court, you don’t really have a choice in the matter. It is required of you and the first session is free of charge, so in that regard, it is worth it. Many couples do believe that mediation is helpful and it has proven beneficial in many divorces. According to studies, about 80% of couples that choose mediation during their divorce are able to reach a settlement agreement.
Mediation has many advantages, the most prominent of which is the power that it provides couples. In court, a judge has the final say on whether or not alimony is awarded and how much, asset division, child custody arrangements, child support, etc. If the decisions favor one spouse over the other it can create an even more hostile relationship between the parties. During mediation, the couple has the freedom to create flexible agreements that are suited to their unique needs.
Whether or not mediation is worth it will depend on the relationship you have with your spouse and your ability to communicate and cooperate with one another. Reach out to a divorce attorney for more information.
