The Benefits Of Divorce (And Post-Divorce) Mediation

Many couples who are contemplating divorce or separation believe that litigation is their only option. The truth is that many couples can utilize mediation as a means of resolving their marital issues. Additionally, many couples who have been divorced but are dealing with issues which have arisen after their divorce settlement can use mediation as a cost-effective means of achieving a resolution. Mediation is a fair, unbiased and less confrontational alternative to the parties returning to Court. Many discover they have more individual control in the mediation process than when utilizing the Courts. Divorce mediation offers the possibility to avoid the lengthy and costly process of litigating disputes.

Mediation is a private process for discussing and resolving the parental and financial issues that are part of your divorce or the issues that often arise after your divorce has been finalized. Instead of choosing to pursue the resolution of their disputes through the court system, couples voluntarily agree to work out issues between themselves with the assistance of a neutral third party (an accredited family law mediator).

In some cases one spouse sees the advantages in mediation while the other party is reluctant; mistakenly believing that mediation is a form of marriage counseling. This is not the case. Mediation is a completely non-binding process where the parties attempt to resolve the issues that arise in a separation or divorce or where issues have come about after the parties are divorced (e.g. a party’s loss of employment, a child’s emancipation or their selection and cost of college, relocation of children out-of-state, compliance with Court Orders). Mediation does not include any form of therapy or counseling.

Sometimes parties believe that going to mediation will set a precedent for future negotiations. This is also not true. The mediation process is confidential. Any disclosures or communications made during mediation are never to be repeated to a judge or third party. The mediator cannot be brought to court to discuss or testify about anything that was discussed in mediation. The entire process is also non-binding on the parties meaning that their understanding must become a signed court Order or formal agreement to be final.

Many parties feel that the issues that they present are too complicated for mediation. An accredited, experienced family law mediator (preferably an experienced family law attorney) who has met the standards required by the New Jersey Supreme Court is uniquely qualified to deal with virtually any issue which may arise during family mediation.