Black and white image of a divorce mediation meeting with three people discussing documents, one person taking notes, and another pointing at a paper.

What is Divorce Mediation?

Sometimes, when a couple goes through a divorce, they seek alternative methods that exist outside of a courtroom. While it is not always possible for all couples, it can be very beneficial for couples wish to come to agreements regarding their marital issues on their own terms. A popular method of divorce that is often used by couples is mediation.

Mediation offers spouses the opportunity to work together to negotiate the terms of their divorce. This process takes place with the help of an unbiased mediator instead of a judge making decisions for a couple. In mediation, the spouses discuss all marital issues that have not yet been resolved. The mediator exists in order to listen to the sides of both spouses and help them reach decisions that benefit them and their family. Conversations that take place in mediation may consist of child custody, child support, the division of assets, and alimony.

Benefits of Mediation

There are numerous benefits to couples using the method of mediation instead of a divorce through trial. When a couple works things out in mediation, they usually feel better about the decisions they reach rather than a judge making decisions for them. The benefits of mediation may include:

  • Control: With a divorce through trial, a judge has the right to make decisions about their marital issues. Mediation gives spouses control and lets them make decisions regarding the terms of their divorce.
  • Confidentiality: Mediation is confidential. Neither spouse or the third party involved is allowed to share information in mediation or use it against one another. This rule gives spouses the chance to be open and honest throughout the process.
  • Speed: Mediation is usually quicker than other methods of divorce. The length may depend on the couple and how many marital issues must be resolved.
  • Cost: Unlike divorcing through litigation, mediation is cost-effective. Divorce through trial can be expensive for the couple as well as the state of New Jersey.
  • Choice: Couples have the option to participate in mediation, they are not required to. It is a voluntary process that lets spouses reach positive decisions on their own.
  • Family: When a couple uses mediation, it usually benefits any family involved. Trials can often be difficult for spouses, while mediation allows for healthy conversations. This is a beneficial option for those with children.

How Does the Process End?

When a couple settles their issues and works out the terms of their divorce, the mediator can then draft a Memorandum of Understanding. This document outlines the agreements that were made in mediation. After this, the spouses give the Memorandum to their attorneys, who then create a Matrimonial Settlement Agreement. Once this is signed, the spouses can attend court as an uncontested case and finalize their divorce.

Contact our Firm

If you or someone you know is going through a divorce and wishes to speak with legal representation, contact the Law Offices of Haber Silver Russoniello & Dunn today.

If you require strong legal representation for matters related to divorce or family law, Haber Silver Russoniello & Dunn is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.

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