Mediation has become a common way to resolve divorces and other family law cases in New Jersey.
In a mediation, the couple divorcing will work with a third party called a mediator. The mediator will usually be an attorney, a retired judge or someone else with experience in family law matters and who has the proper qualifications and training.
The mediator will meet with each party during one or more sessions. There is a fair amount of flexibility to do this process.
Although the mediator will certainly want to know about each side’s perspectives, the mediator’s role is not to decide the case. Instead, they help the couple reach an agreement to resolve their divorce themselves.
The process is both confidential and voluntary. Neither side needs to worry about the information or thoughts they share in a mediation later coming up in court.
Also, while the couple is expected to make some good faith effort to agree, either may walk away from negotiating at any time before they sign on to an agreement. If either side cuts off negotiation, the case simply continues toward a contested hearing.
What advantages does mediation offer me?
Mediation offers several advantages.
- The court may require a couple to try to negotiate their outstanding issues before being willing to set a hearing.
- Mediation typically costs less in terms of money, time and stress than does a contested hearing.
- If the couple agrees at mediation, the process reduces the uncertainty that the court will decide the case in a way that favors the other party. Both sides control the result of the mediation.
- If the couple agrees, the mediation also gives the couple an extra measure of privacy. In most cases, divorce hearings are open to the public. Mediations are confidential.
- A mediation can set a positive tone the couple can build off as they continue to try to work out their differences. Positive communication is especially helpful when a couple has minor children.
Even with the advantages, mediation is not always the right fit in a divorce case. A Burlington County resident should discuss this alternative as they explore their legal options.