If at the first stages of the divorce process in the state of New Jersey, you have the legal option to choose to have either a contested or uncontested divorce. If you choose to have an uncontested divorce, or in some cases, have certain aspects of a divorce that can not seem to be resolved, mediation is a legal avenue that makes for a more productive atmosphere. The divorce mediation process will involve both the partners, potentially both of the lawyers representing the parties, and the mediator. Find out if a divorce mediation process can work for you.
Understanding What a Mediator Does
The mediator is an impartial divorce specialist who will provide neutral support and help with negotiations to both sides. They can help the participants both understand the fundamental aspects of the divorce process and help the parties to make decisions on finances, childcare, shared custody issues, and child support calculations. A mediator may never make a legal ruling enforceable on both parties, which is the obligation of the presiding judge of the divorce. However, a divorce mediator will help guide both spouses in addressing any unsettled, difficult, and disputed issues.
Mediation vs. Contested Divorce
Divorce has a financial and emotional impact on all parties. A highly contested and disputed divorce may last months, or years, and may drain everyone’s emotions as well as their bank accounts. However, if it is feasible for the sides to at least recognize that they can come together regarding some of the outstanding disputed areas of their divorce, the process may take less time and money. Our divorce mediation attorney can assist, Contact our professional Giro Law Attorney for free consultation.
Mediation differs from a typical contested divorce by reducing the cost, and in some cases reducing the amount of time the process takes. Additionally, mediation is not part of the public record, unlike divorce hearings. Both sides may have an opportunity to feel heard, which can lead to better communication and the resolution of difficult issues. Also, the entire process is much more cooperative rather than antagonistic or adversarial. It is important to note that both parties still have the right to have an attorney present at all times during the mediation process.
Mediation May Not be the Best Solution for All Divorces
Many divorces actually do not lend themselves to mediation. Physical and emotional violence by one party against another should typically result in a divorce proceeding with legal representation at all times, and not one with mediation. The mediation process is intended to foster a non-threatening atmosphere, based on mutual respect. Negotiations must be able to proceed in good faith and without the threat of violent, emotional, or psychological retribution. Additionally, certain divorces involving technically complicated matters or substantial financial assets may also not be suitable for the mediation process.
Contact an Experienced Divorce Attorney
If you are considering a divorce, mediation may be an excellent option for you depending on your circumstances. Contact an experienced New Jersey divorce attorney at the law firm of Giro Law at 201-690-1642. We can help work with you to create the best plan moving forward with your divorce.