Understanding what to expect before jumping into mediation for your divorce is crucial to ensure you are adequately prepared for the process. If you are considering an alternative dispute resolution (ADR) speak with a skilled Mountainside NJ mediation attorney for more information and representation.
What is Divorce Mediation?
Divorce mediation is when a couple meets with a neutral family law mediator, either with or without legal representation, to hash out the details of their divorce. Mediation will generally cover the following topics.
- Asset division
- Debt distribution
- Child custody
- Child support
- Spousal support
During hearings, both spouses will share their desires and concerns then have an open and honest discussion where they will negotiate the details of the agreement.
What Should I Expect from Divorce Mediation?
Every couple is unique, as is the style of each mediator. Although it is difficult to map out the process with 100% accuracy, during your divorce mediation sessions you can generally expect to:
- Be honest: Mediation requires full and complete disclosure of all assets, liabilities, and general information. It is not permitted to attempt to hide assets or information.
- Negotiate: Although it may feel unnatural to haggle over the details of your divorce with your spouse, negotiation is a major part of the process. While there may be certain issues or stipulations that you agree on, your needs will probably not align entirely. Either on your own or with the help of your legal representative, you must negotiate for what you want out of the divorce.
- Make compromises: Another unnatural feeling that you may experience is compromise. Although you should fight for what you want and what you think is best, you should expect to compromise on certain issues. If something is vitally important to your spouse but not as serious to you, it may be worth it to concede a victory in exchange for something else in your favor.
- Make tough decisions: In the end, only you and your spouse have the power to make final decisions about the divorce. The mediator, while an important part of the process, can only help guide the conversation and steer you toward a mutually beneficial outcome. Whether you are 100% satisfied with the agreement or not, a decision must be made by you and your spouse together.
- Save time and money: A great benefit of mediation is that you will save both time and money simply by not going to court. It can take months to find an available court date and then you must pay court fees as well as your attorney’s costs for work done during the waiting period and representing you. Mediation is much more time and cost-effective.
The process of mediation, though often considered less complex than litigation, can be overwhelming and complicated at times. It is crucial that you understand what is expected of you before jumping into the process. Contact an experienced lawyer at Ross & Calandrillo, LLC to discuss whether or not mediation is right for you.