Should I Partake in Divorce Mediation?

July 29, 2020

Every divorce case is unique. Some divorces are contentious from the beginning, making litigation nearly impossible to avoid, and some soon-to-be ex-spouses can be amicable. In more cordial situations, the soon-to-be ex-spouses may choose mediation instead of pursuing a traditional divorce route that could involve a substantially larger amount of court time.

How Does Divorce Mediation Work?

Divorce mediation involves the divorcing spouses and the mediator. The spouses’ lawyers may or may not be present during mediation conferences. Sometimes, lawyers are not there, but they can help clients between mediation meetings.

The personalized, intimate nature of mediation proceedings allows the mediator to help the couple come to agreements about all areas of their divorce, such as child custody arrangements. While the mediator cannot provide legal counsel, the mediator can help the couple work toward agreements that work for both of their needs.

What are Some Benefits to Divorce Mediation?

One of the top upsides to divorce mediation is its affordability. Couples who successfully work with a mediator typically pay less in legal fees. That allows them to distribute more of their wealth fairly between them rather than adding to their expenses during the divorce.

Another advantage to mediation is that it sets the stage for the couple to speak with one another later in a more respectful way. Starting a divorce on a good note can be helpful, and it can show children affected by the divorce how to behave appropriately.

An important benefit of mediation is that it is private. When divorces head to court, most of what is said goes on the record for anyone to view. Some divorcing parties would rather keep their affairs out of the public eye. Mediation allows them to be more discreet.

What are Some Situations Where Mediation Does Not Work?

Sometimes, a mediation is unwise for one or both parties. For instance, if a divorcing spouse refuses to talk openly about finances, that spouse will not be able to negotiate from a place of transparency. Similarly, domestic violence can cause the mediation process to be too difficult. Nevertheless, an abused partner may try mediation as long as their lawyer is present during the divorce mediation proceedings.

How Can I Take Advantage of the Mediation Process?

While divorce mediation is not for every circumstance, it can run smoothly if the parties and mediator follow a few key tips.

First, everyone should be willing to be honest. This means being honest about assets, too. Mediation succeeds when the divorcing couple holds back nothing.

Secondly, both spouses should be equally interested in the process. An unbalanced mediation will not lead to an acceptable agreement. Along these lines, one party should never use the mediation to stall for time.

Finally, the mediation process does not have to end up with every matter resolved. Some mediations solve only 50 percent of the divorce settlement considerations. However, as long as the mediation makes progress, it can assist in speeding up the time it takes for the divorce to get to its last stages with the help of divorce lawyers.

Moorestown Divorce Lawyers at Stockton Family Law Urge Separating Spouses to Consider Mediation

Divorce mediation can be beneficial, and a lawyer can make sure that this process goes smoothly. If you are considering divorce mediation, one of our respected Moorestown divorce lawyers at Stockton Family Law can help you. Call us at 856-412-5052 or complete our online form for an initial consultation. Located in Moorestown, New Jersey, we serve clients throughout South Jersey, including Mount Laurel, Burlington County, and Camden County.