Is Divorce Mediation Always a Good Idea in New Jersey?

couple talking in front of third person

When you go through a divorce, it’s essential to consider all your options. Many wish to get their divorce over with as soon as possible, so they opt for mediation. However, this may not always be the best option for all couples, so you must understand what divorce mediation is before agreeing to it. If you’re considering whether mediation is right for you, it’s crucial to contact a Morris County divorce & separation law firm to assist you through this process.  Keep reading to learn more about what you can expect.

What Is Divorce Mediation?

Divorce mediation is a process in which you and your spouse meet with a neutral third-party mediator. This person will facilitate conversation between you and your spouse to determine the best outcome for your needs. They will help you and your spouse talk about the terms of your divorce as a means to help you avoid a lengthy court battle. Your mediator cannot share the details of your divorce with anyone other than you and your spouse – not even a judge. The only exceptions are if the mediator believes one party is in imminent danger of harm or the spouses give written consent for the information to be shared.

It’s important to understand that a mediator is not there to offer legal advice or to take sides. Instead, they will encourage you to work with your spouse to determine the terms of your divorce. You will discuss matters like child custody, alimony, and the division of your marital assets. This helps you and your spouse retain greater control over your divorce, as opposed to letting a judge determine the outcome of these matters.

Is Mediation Always a Good Idea?

While mediation is ideal for some couples, it may not be appropriate for all relationships and dynamics.

If you are a victim of domestic violence or abuse, you should avoid mediation. Unfortunately, mediation only works when both spouses feel comfortable discussing their wants and needs from the divorce. In instances of abuse, the victimized party may be scared to share their opinion for fear of retaliation. As such, the outcome of mediation is unfair.

You should also know that mediation is not ideal if you suspect your spouse has hidden assets, as they may not be discovered during this process. Similarly, if there is any power imbalance, whether financial or emotional, it may be in your best interest to avoid this option. Instead, you should enlist the assistance of an experienced attorney to guide you through this complex process.

When you’re considering divorce, mediation is a great option. However, it is not ideal for all situations. At Haber Silver Russoniello & Dunn, we understand the many complexities that can impact these tough choices. As such, our dedicated legal team will carefully examine the details of your divorce to help you pick the best option for your needs. Contact us today to learn how we can assist you.