When couples decide to get a divorce, they still have many decisions ahead of them. Mediation is one way that couples can get a divorce and make decisions for themselves. Otherwise, they may have to enter into litigation and have a judge make decisions for them. During mediation sessions, spouses meet with a mediator who will guide them throughout the process. The sessions can include the spouses’ attorneys as well. They are allowed to have their attorneys there to assist with the process.
Does the mediator make decisions?
Mediation is a way for couples to talk through marital issues in order to reach a final outcome for each aspect of their divorce. The mediators involved in mediation do not make decisions for the couple. Instead, the mediators monitor the conversation to ensure that it is productive. Spouses should be working toward these major decisions to finalize their divorce. With these decisions in place, they will be able to carry on with their future as a single person.
Since the mediator does not make decisions for a couple, many people see this process as more beneficial than litigation. During court, judges have the authority to make decisions for the divorcing couple. This can lead the spouses to be dissatisfied with the final outcomes that are made. You may not have control in court to reach an outcome that you desire regarding marital issues.
Can I end mediation?
If you enter into mediation and realize it is not what you expected, you have the option of ending it at any time. Mediation can be ended for various reasons. If you find that your spouse is not cooperating, you are able to end the process. For mediation, the cooperation of both spouses is needed to ensure that the process will be worthwhile. If both spouses do not cooperate and work together to decide on outcomes, the process will be nearly impossible.
If you find that you are not satisfied with the decisions that are being made in mediation, you have the ability to end the sessions. After this, you may have to enter into litigation if your divorce becomes contested. This can lead to a judge making decisions for you.
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 free consultation.