Is Mediation Confidential in New Jersey?

When you and your spouse decide to end your marriage, it’s imperative to understand all of your legal options for this process. Unfortunately, many are under the assumption that their divorce will inevitably be a bitter, contentious battle that drags on in court. However, you should know that you are not limited to litigation. One option that may work for you and your spouse is mediation, which is a confidential and private alternative. If you want to learn more about what you can expect during this process, read on. You will also discover how New Jersey divorce mediators can assist you with any questions you may have.

How Does Mediation Work?

Mediation is the process in which you and your spouse meet with a neutral third-party entity in an attempt to reach a compromise on the outcome of your divorce. This form of alternative dispute resolution allows you to avoid a lengthy, costly, and arduous court process,

When you meet with the third party, known as the mediator, it’s important to understand their role. They are there to move the conversation along. The mediator cannot take sides or express a biased opinion on your divorce and subsequent issues. Additionally, the mediator cannot offer legal advice to either party. Their role is to ensure both you and your spouse feel heard, facilitate conversation, and propose compromises on certain matters.

Will My Mediation Session Be Confidential?

When you litigate your divorce, anything you say and information relevant to your case will become public record. This means that anyone can access information about your divorce. Though it is not an easy process, many are uncomfortable knowing their details on this private matter can be accessed. As such, mediation is a great alternative.

One of the primary reasons mediation works so well is because it is an entirely confidential process. When both parties can trust that nothing they say will leave the room, the parties are more willing to express what they want from the session. As such, they can communicate openly without fear that their sensitive information will become public records.

You should know that while the mediator, in the large majority of instances, cannot disclose any information during the meeting, there are very few exceptions in which they must. For example, mediators are mandated reporters, and as such, must report any instances of child abuse or neglect if they have reason to believe it has occurred based on the information in the session.

Mediation has many benefits outside of confidentiality, which is why you and your spouse should consider this option for your divorce. If you’re ready to move forward, Haber Silver Russoniello & Dunn can guide you through your divorce, regardless of what decision you make. Connect with our team today to learn how we can assist you in these difficult matters.