Divorce mediation is a civil way for couples to dissolve their marriage. During mediation, spouses can meet with a neutral third party that serves as a mediator. The mediator does not make decisions as a judge in court would. Instead, the mediator acts as a guide to ensure that the conversation remains productive. In the end, the goal is to decide on outcomes for marital issues, such as the division of assets, alimony, child support, child custody and more. Since mediation requires the cooperation of both spouses, it may not be for everyone. However, it can prove to be quite beneficial.
Why is mediation more beneficial than litigation?
Since litigation involves court appearances, it can be less private than mediation. During mediation sessions, it is just the mediator along with the spouses and their attorneys meeting together. This can allow the couple to work through issues without having an audience. They may be more willing to open up to their spouse in this comfortable environment. As long as spouses work together, they can reach a desirable outcome. In court, a judge is the one who is making the decisions regarding marital issues. Due to this, the spouses are not in control of the final decisions for their divorce. This can leave them unsatisfied with the final outcome in court. By undergoing mediation, they are able to be in control of the process. With this, they can reach a compromise instead of giving up their power to a judge.
Court processes can prove to be emotional experiences that are drawn out over time. This time-consuming nature can add to the stress of getting a divorce. Also, it can include expensive attorney fees. In mediation, spouses can go at their own pace. They may be able to get through the process in a quicker period of time as opposed to litigation. Not only can this be less timely, it can prove to be less costly due to smaller attorney fees.
Can I end mediation during the process?
If mediation is not working out or one spouse is not satisfied with the final result, they can opt to end mediation. At this time, they may have to enter into litigation to have a judge decide on important issues. Since mediation requires the cooperation of both spouses, it can be difficult. The option is there to end the process at any time.
Juan C. Velasco, Esq. is a trusted attorney who concentrates on bankruptcy, family law, real estate, and estate matters who has been serving the New Jersey area for over 25 years. If you are in need of experienced legal counsel, please contact Velasco Law Office and we will be happy to assist you.