When a couple chooses to divorce, they sometimes look into other methods of divorce that do not involve a trial. This may not always possible for all couples, but these processes can be beneficial for others. Settling a divorce outside of court gives couples an opportunity to determine their divorce arrangements on their own. A commonly used method of divorce is mediation.
The process of mediation allows spouses to work together and negotiate how they wish to handle their marital issues. This is done with the guidance of a third party instead of a judge. Unlike a judge, the third party does not make decisions for the couple. The individual is unbiased in order to listen to both sides of the spouses and provide them with the mediating they need to come to agreements between them. This helps them reach a decision that works best for them. During the process, the spouses discuss marital issues that have not been resolved yet and come to conclusions on their own. Topics of discussion in mediation may include child custody, child support, the division of assets, and alimony.
Benefits of Mediation
There are several benefits to using divorce mediation instead of a trial. Spouses typically feel better about the end of their relationship when they are able to make their own decisions regarding the outcome of the divorce. The benefits of mediation may include:
- Control: When a couple goes through trial, a judge will make the decisions about their marital issues for them. Mediation gives spouses control over the situation by making their own decisions about the outcome.
- Confidentiality: Mediation is a confidential process. Neither spouse or the third party involved can speak about any information shared about during the process. They also cannot use any information against one other. This allows both spouses to be open and honest with one another.
- Speed: Mediation can be quicker than other methods of divorce. How long the process lasts can depend on the couple and how many issues they have to resolve.
- Cost: Mediation is more cost-effective than divorcing through trial. Trials can be expensive for the couple and the state.
- Choice: Spouses are never required to participate in mediation. Couples have the option to participate in the process and resolve the divorce their way.
- Family: When a couple uses mediation, it usually benefits the spouses’ families. Trials can sometimes create hostile situations, while mediation allows for healthy conversations. This is especially beneficial for families with children.
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Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.