Going to court is not the only way to resolve a divorce. Alternate dispute resolution techniques can be implemented depending on the relationship and the jurisdiction you are in. Mediation is a helpful tool during divorce. It consists of the couple meeting with a neutral third party who will help guide them through the process of negotiating alimony, child custody, property division, etc. All final decisions are made by the couple themselves. Mediation during divorce is required in some states or can be left to the discretion of the court. Contact a skilled Union County divorce attorney to discuss Mountainside family and divorce mediation.
Does NJ Require Mediation During Divorce?
In recent years some states have started to require divorcing couples to try to resolve certain issues through mediation instead of heading straight to litigation. This is in an effort to reduce the number of cases going through the courts and allow couples to solve their issues by using a more time and cost-efficient process. Courts in New Jersey can require a couple to participate in mediation.
When the divorcing couple is dealing with financial or child custody issues, a court is allowed to mandate 2 hours of mediation at no charge to the couple. If the issues are not resolved in this time frame the couple can either proceed to litigation or continue mediation sessions.
How Can Mediation Help?
While every couple and divorce is unique, mediation has been beneficial for many divorce cases. Mediation can help a couple come to a decision that is unique to them. Below are some pros to using mediation during your divorce.
- It costs less than going to court. When you choose mediation you can avoid court fees and you do not have to hire an attorney if you do not want to.
- It does not take as long as litigation as you do not have to wait for court dates, etc. Mediation tends to take one or two months to resolve all issues while litigation on average takes close to a year or longer.
- Because you and your spouse hold the power, you can create a unique and flexible agreement. A judge does not know the ins and outs of your daily life so building a child custody agreement or property settlement from scratch can result in a more satisfactory outcome for both parties.
- It can benefit your relationship with your ex. If you have children together you and your former spouse will be in each other’s lives forever. Divorce can get ugly and hostile, especially during litigation. If you can learn to communicate and compromise with your ex it can help protect your relationship.
There is no set way to utilize mediation. For example, you can create your own child custody agreement through mediation but leave it up to a judge to determine alimony. The benefit of this alternate dispute resolution is that you have complete freedom and control over the decisions being made. Contact a lawyer to determine if mediation is the right choice for you and your family.
