If you are divorcing in New Jersey, mediation will be a part of the process, depending on your circumstances. You may voluntarily enter into mediation to help you come to an agreement with your spouse on dividing assets in divorce, child custody, alimony, and other issues so that your divorce stays out of the courtroom. If you cannot come to an agreement on all the issues and your divorce goes to court, mediation will be scheduled before going to trial. However, many people going through divorce are unclear about what mediation is and how the process works.
At [MFR] Men’s & Fathers’ Rights Divorce Lawyers, a Hackensack mediation attorney can answer your questions about the process and help you determine if it may be valuable for your situation and at what particular part of the process would be the most productive and effective for you to engage in mediation. To learn more about mediation as it relates to your divorce call us at (201) 880-9770 to arrange a consultation.
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When we learn about the details of your marriage, relationship with your spouse, and goals for what you want to come away with in your divorce, we can help you understand whether mediation may be a good option for you. We will explain how it works, what your rights and responsibilities are during the process, and its limitations. Mediation is not a replacement for experienced legal advice from a divorce attorney, but it can help parties reach compromise and mutually satisfactory agreement on the issues. In fact, the most effective mediation sessions is when both parties have counsel present and appear alongside the parties since your attorney is knowledgeable in the law, what the Judge may otherwise order on the disputed issues, and are skilled negotiators.
During mediation, our attorneys will answer your questions, clarify confusion you may have on issues, and ensure your rights are protected. Once you and your spouse feel you are on the same page on all the issues, we will assist with drafting the settlement agreement and help you with the filing process. Throughout these steps, our No. 1 objective will be to assure that the agreement is fair to you and that you come as closely as possible, based on all the facts, to achieving your desired outcome. We will also make sure there are protocols and language in your divorce agreement to account for most future anticipated disputes so there is a framework to adhere to should a situation arise in the future.
Here are answers to some of the questions our experienced divorce lawyers get about mediation.
Do I have to go through mediation when I am divorcing?
Not necessarily. It depends on your unique circumstances. Sometimes, both spouses’ attorneys can act in a mediation capacity and attempt to negotiate and work out the issues between them with your participation, while other times, the attorneys narrow down the issues in dispute and then take just those issues to mediation. You and your spouse can voluntarily choose to engage in mediation at the beginning stages of a proceeding, and if you do not, that is okay, but at some point in the process, if there are any contested issues, the court will order you to attend mediation. .
If we agree on mediation who selects the mediator?
You and your spouse will select the mediator. Our Hackensack mediation attorneys can provide choices and this is the best way to go about it because not all mediators are created equal and our Hackensack mediation attorneys have a very specific set of criteria and standards that they weigh against to provide these choices knowing the facts, personalities, etc. so that your mediation has the best shot at success. If mediation is ordered by the judge, the New Jersey Court may provide a list of mediators for you to choose from.
When is mediation not a good option?
If domestic violence or abuse has been an issue in divorce, if one party has existing problems with alcohol or drugs, or if there is a clear imbalance of power in the marital relationship, mediation may not be an appropriate option. Cooperation, compromise, and treating the other party with respect are key to effective mediation. If one or both spouses are argumentative or confrontational, it may not be a viable solution for resolving disagreements.
Do I need a divorce attorney if we go through mediation?
Mediators are neutral parties tasked with helping divorcing spouses resolve disagreements. They can help guide you toward agreement on issues, but they cannot and will not provide legal advice. To ensure that your legal rights and interests are protected as you navigate the divorce process, you should work with an experienced family law attorney. Our Hackensack Mediation Attorneys are not mediators. We do, however, work and approach all cases in a mediation capacity.
A Hackensack mediation lawyer from MFR can address your specific questions when we speak with you.
You stand a better chance of getting a satisfactory outcome in divorce with effective legal support. [MFR] Men’s & Fathers’ Rights Divorce Lawyers in New Jersey is here to help you through the entire process—from start to finish, including being by your side during the mediation process. We provide legal guidance that is carefully tailored to each situation. We can counsel you about every facet of divorce, including the possible benefits of mediation for your circumstances.
Call today to arrange a confidential consultation with a divorce mediation lawyer in Hackensack by dialing (201) 880-9770.
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