A long-drawn-out divorce can be physically, mentally, and emotionally exhausting. Usually, you and your ex-partner will want to finalize the process as quickly and painlessly as possible. Some divorces can be complex, involving custody, visitation, financial analysis, and delve deeply into your and your ex-spouses’ private lives.
Most “divorce mediations” in New Jersey usually consist of a simple series of meetings between you and your ex-spouse and a neutral third party or “mediator.” Also, either of you may elect to have your divorce lawyers present during the mediation sessions.
In divorce mediation, you and your ex-spouse commonly meet with a thoroughly trained, neutral professional in an informal setting. Here you will explore solutions to conflict areas, negotiate these areas, and reach an amicable agreement on the critical matters in your divorce.
Also, there are essentially five steps in the divorce mediation process in Morris County, they are:
- A preliminary meeting to go over the main points in your divorce.
- A statement of any issues and problem(s) that need to be addressed.
- Gathering information on specific topics and concerns.
- Complete identification and clarification of the issues and concerns.
- Bargaining and negotiation for amicable solutions that you, and your ex-spouse, can agree to.
Mediation commonly takes much less time than a court proceeding and usually takes approximately 3-5 sessions to complete. This, of course, depends on the complexity of the issues that must be addressed.
The costs involved with the mediation process comprise the time for preparing documents, the mediator’s fees, representation, etc. Divorce mediation can be less costly, quicker, and more efficient than going to trial.
Another benefit is that there are usually “ground rules” in a divorce mediation hearing. It is treated as “common ground, ” as alienating and argumentative things are avoided, and all problems are approached in the least alienating way possible.
These “ground rules” are usually stated before the mediation begins. Undue stress and emotion are avoided by having the mediator bring up critical issues, and you and your ex-spouse usually will be able to deal with them with less resentment and feeling.
What Are The Most Common Problems With Divorce Mediation?
The most challenging part of the mediation process is getting you and your ex-spouse to accept that mediation can effectively resolve divorce disputes. Emotions run high, and some disagreements tend to be highly personal, and you (or your ex-spouse) may want your day in court, however high the financial and emotional cost.
A professional divorce mediator’s job goes beyond simply negotiating grievances, and they will always attempt to do so in a simple, legal, and rational manner. This helps all concerned by getting your divorce finalized as soon as possible.
The six most common “roadblocks” to a successful mediation are:
- You and your ex-spouse are not willing to meet face to face – At times, these conflicts are so intense that you do not want to meet your ex-spouse in person.
- Excessive Distractions – due to emotion, finances, etc.
- Low Confidence – In the ability to decide on conflicts.
- Negotiation Impasses.
- Overthinking Some Of the Issues Involved.
- Insufficient Training of the Mediator.
Discuss divorce mediation thoroughly with your experienced and empathetic Morris County divorce law team, as their advice and guidance will be invaluable in making this decision.
What Types of Things Are Discussed In a Divorce Mediation Session
First, it’s important to note that mediation is not required before you and your ex-spouse can file for divorce. At the inception, it is a strictly a voluntary process that you agree to go through together. As you progress through the litigation process, however, if you have not settled after several steps with the Court, you will most likely be Ordered by the Court to attend at least one mediation session.
In divorce mediation, couples work with a mediator to come to a legally binding, mutually satisfying agreement resolving all the issues that need to be resolved. In a typical divorce, these issues may include but are not limited to:
- Child Custody
- Child Support
- Parenting Time
- Equitable Distribution of Assets and House Ownership
- Health Insurance and Retirement Funds
- All Pets
Of course, these items and more should be addressed with your professional, thorough Morris County divorce lawyer. You still need to plan before your mediation, and often your lawyer is present to protect your interests.
What Do I Need to Do To Prepare For My Divorce Mediation?
Many couples utilizing mediation are commonly preparing for a “no-fault divorce,” which may be more straightforward and not involve critical or dire disagreements. However, any couple willing to cooperate to reach the best possible agreement is a good candidate for divorce mediation. Many times, even complex divorce proceedings may benefit from this process.
The following are some common steps to preparing for your mediation:
- Pick a Qualified, Experienced Mediator – Ann M. Edens of Edens Law group is a fully trained and accredited Mediator and can accept your case for mediation, as well as a Divorce Lawyer with thirty-three years of experience.
- If you choose instead to her the Edens Law Group as your attorney, your Morris County divorce lawyer will provide excellent guidance in helping you find a qualified mediator. An experienced mediator should create a stress-free environment and assist everyone in reaching fair and reasonable agreements.
- Get Organized – It’s essential to come into mediation with a complete list of all your assets and debts, financial and otherwise.
- Set Goals – You and your professional divorce lawyer should enter this process with a clear set of goals. Decide what is important to you and what you are willing to compromise on.
- Come Ready to Cooperate – Divorce mediation is designed to be a peaceful, non-adversarial alternative to litigation, so the right cooperative mindset is vital.
I Plan On Going Through Divorce Mediation; How Should I Proceed?
It’s important to note that divorce mediation in Morris County, New Jersey is a valuable tool that may help to facilitate and usually lower the cost of your divorce process. It also commonly ensures that all parties feel heard and respected.
Working with a skilled mediator, including your Morris County divorce lawyer, may also help build valuable communication skills that will help your relationships for years to come.
It’s also vital to note that divorce mediation is not binding by itself. You’ll also need a thorough, experienced, and empathetic Morris County divorce lawyer to draft your final settlement papers and move the divorce through the court to finalization.
Consult with your local Morris County divorce lawyer today and determine if this valuable legal tool would benefit your case.