When a couple decides to divorce, they sometimes pursue other methods that exist instead of a trial. While alternative methods are not always possible for all couples, these alternative processes can work better for others. Settling a divorce outside of court gives couples a chance to determine their divorce arrangements on their own without the intervention of a judge. A commonly used alternative method of divorce is mediation.
The process of mediation allows spouses to work together and negotiate the terms of their divorce. This takes place with the assistance of a third party instead of a judge. It is important to note that the third party does not make any decisions for the spouses. They remain unbiased and listen to the spouses in order to help them reach agreements that work best for them. During mediation, spouses discuss marital issues that have not yet been resolved and come to their own decisions. Topics of discussion that take place in mediation may include child custody, child support, the division of assets, and alimony.
Benefits of Mediation
There are various benefits to utilizing a divorce through mediation instead of doing so through a trial. Spouses often feel better about finalizing their divorce when they decide the outcome of the proceedings themselves. The benefits of divorce through mediation may include:
- Control: When a couple divorces through a trial, a judge makes the decisions about their marital issues. Mediation gives spouses control over the outcome by making their own decisions.
- Confidentiality: Mediation is a confidential process. Neither spouse or the third party is allowed to speak of any information shared during mediation. They also cannot use it against one other. This allows both spouses to be open and honest with one another.
- Speed: Mediation can be quicker than other methods of divorce. How long it lasts is typically dependent on the couple and how many issues they have to resolve.
- Cost: Mediation is more cost-effective than divorcing through trial. Trials can become expensive for the couple as well as the state.
- Choice: Spouses are never required to use mediation. Couples have the option to participate in the process to discuss and resolve the divorce their way.
- Family: When a couple uses mediation, it typically benefits any family involved. Trials can sometimes become hostile, while mediation allows for healthy conversations. This is especially favorable for families with children.
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 George J. Mardinly today.
Our firm proudly represents clients in New Jersey who are faced with matters of family law, criminal defense, business law, real estate law, or estate planning. If you require strong and dedicated representation for any of your legal matters, contact The Law Offices of George J. Mardinly to schedule a consultation.