When you and your spouse file for divorce, you may anticipate a long and bitter trial that requires you to take time off work. However, it’s imperative to understand that there are other options you can explore when filing. In some instances, for example, the court may require you and your spouse to attend mediation in the hopes of reaching an agreement on contested matters in your divorce. If you’re unsure what mediation is or what to expect during your sessions, you’ll want to keep reading. The following blog explores how this process works and the benefits you can reap. In addition, you’ll also learn why it’s imperative to consult experienced Morris County divorce mediation lawyers to help you during these matters.
What Is Mediation and What Can I Expect?
Mediation is a form of alternative dispute resolution in which two or more parties who are unable to reach an agreement meet with a neutral third party to help them compromise in the hopes of reaching an agreement. While this is commonly associated with divorce, mediation can be used in a number of issues, like landlord-tenant or employee-employer disputes.
When meeting with the neutral third party, known as the mediator, it’s important to understand their role. First and foremost, this person is not able to provide legal advice to you or your spouse. In addition, they are not allowed to pick sides on the matter and must remain neutral. The primary responsibility of the mediator is to facilitate conversation, suggest compromises, and assist the parties in reaching an agreement they are both comfortable with.
While mediation can be beneficial, there are some instances in which you may want to avoid this option. Generally, any time there is a power imbalance in the divorce, such as domestic violence, mediation is not recommended. This is because a victim of abuse is less likely to stand up for themselves and disagree with a partner whom they are afraid of.
What Are the Benefits of This Process?
There are a number of important benefits you can reap from mediation. Generally, many people pursue mediation as an option because it helps keep them out of court, which, in turn, is a more affordable and private option. When you litigate your case in front of a judge, it becomes public record. However, mediation is entirely confidential, so you can have peace of mind that the details of your divorce won’t be available to the public. In addition, mediation is often less expensive, as you don’t need to take time off work because you can plan sessions around your schedules. Additionally, you won’t have to pay any court fees.
While mediation is often conducted between the spouses and their mediator, it’s still in your best interest to connect with an experienced attorney with Leslie Law Firm, LLC. Our team can help you explore your legal options so you understand what is in your best interest when mediating. Additionally, we can review your mediation agreement before you sign it to help ensure that the terms and conditions of the document represent your best interests. Contact us today to learn how we can help you during these complicated times.
