Is Mediation Required in a New Jersey Divorce?
Posted August 15th, 2024.
Categories: Blog.
While many divorces go to court and are ruled upon by a judge, various alternate dispute resolution techniques can be implemented during the termination process. Mediation is a popular method for negotiating the terms of a divorce, and it’s even required in some states before a case can go to litigation. A Cherry Hill mediation attorney is equipped with the knowledge and resources to help you determine what path is best for you and your family. Contact an experienced lawyer today for assistance.
What is Mediation?
During mediation, the couple meets privately with a mediator. The mediator is a neutral and unbiased person who simply helps the parties discuss the relevant issues at hand and work through their disagreements. Mediation is beneficial because it allows the couple to retain full control over decisions being made regarding the intricacies of their relationship and family.
While each party is allowed to hire legal representatives they are not required to do so. Mediation can help save thousands of dollars in attorney and court fees.
Will Mediation Be Required During a Divorce Case?
This will not apply to every couple, but yes, judges in New Jersey have the authority to mandate mediation during divorce cases. Couples that attend court-ordered mediation in New Jersey typically are required to attend at least 2 hours worth of sessions. There they can discuss their wishes regarding spousal support, child custody, child support, property distribution, and more.
Going through mediation first allows the couple to attempt to work things out on their own. It provides them with the freedom and flexibility to create a unique settlement agreement that works for their needs. Mediation has proven to be a beneficial resolution technique but it may not work depending on the couple’s relationship with one another or the details of their circumstances.
What Happens if Mediation is Unsuccessful?
If mediation does not work to resolve the necessary issues then the case will have to go to trial. Litigation can be costly and time-consuming. One of the issues regarding going to trial is that the couple will need to wait until a court date is available. This could take months. It can also cost hundreds or thousands of dollars to retain an attorney and cover court costs.
By going through litigation as opposed to mediation the couple is also forfeiting their right to make decisions regarding the divorce. The judge will now have total authority to create a plan for alimony, child custody, and more.
Speak with an NJ Divorce Attorney
If you are going through a divorce and have more questions regarding mediation and other alternate divorce resolution techniques, do not hesitate to contact a skilled attorney. Your lawyer will be able to offer advice during this time and help you with the negotiation process.
