Are Mediation Agreements Legally Binding in New Jersey?

For most couples going through a divorce, there may be hard feelings that make trying to avoid litigating your divorce too complex. However, you don’t have to settle for a court hearing if you and your spouse want to avoid this. Instead, you may benefit from mediation. One thing many wonder in regard to mediation is if the agreements created are legally recognized. The following blog explores what you should know about these matters and why it’s in your best interest to connect with a Morris County divorce lawyer who can help represent you.

What Is Mediation?

Mediation is a form of alternative dispute resolution in which two conflicting parties meet with a mediator. This person is a neutral third party who does not pick sides or offer legal advice. Instead, their role is to help move the conversation along to the point of compromise and agreement.

Mediation is used in many areas, like landlord-tenant or employee-employer disputes. However, it is commonly used for divorce proceedings as it provides several key benefits. One of the most ideal reasons couples utilize mediation is that it is much more private than going to court. When you appear before a judge, your case will become public record. However, mediation is entirely confidential, so you can feel secure in the privacy this offers.

Another benefit of mediation is that it provides the couple at the center of the divorce more control over the terms and conditions determined. Instead of letting a judge who is unfamiliar with your circumstances issue a decision, you and your spouse are ultimately the ones who will decide these matters.

What’s Included in Mediation Agreements and Are These Terms Legally Binding?

In your mediation agreement, you can include several terms or conditions you and your spouse have reached through this process. Only topics you’ve reached an agreement on will be included in this document, such as alimony, property division, child custody, and child support. Anything you cannot agree on must be handled by a judge in a court case.

Many are unsure of the legality of mediation agreements. In general, you and your spouse will review and sign the documents. You have an experienced divorce attorney review the terms and conditions to ensure they represent your best interest before you sign this document. Once signed, you will file the papers with the court, who upon examination, will include the mediation agreement as part of your divorce decree. As such, the terms and conditions are legally binding and must be adhered to.

Even though you and your spouse are working out the details of your divorce on your own, it’s still imperative to connect with an attorney who can help you through this process and ensure your agreement is fair before you sign it. At Haber Silver Russoniello & Dunn, we understand how stressful these matters can be. That’s why our team is committed to helping you. Connect with us today to learn more.