Removing Confusion Around Divorce Mediation in New Jersey
When Common Misunderstandings Arise Regarding Divorce Mediation, Consider Consulting our Divorce Attorneys for Guidance
Divorce mediation is becoming a more popular practice in New Jersey in recent decades. The process involves the use of a neutral third party who helps the couple work through the complex facets of the dissolution of their marital union to eventually draft a divorce settlement agreement. Confusion and incorrect perception abounds when it comes to understanding divorce mediation, and whether or not it is appropriate for divorcing couples. If you are considering approaching divorce with the support of a mediator, you can also receive counsel from a divorce attorney to help streamline the process and ensure that your legal rights are represented. Contact Montanari Law Group today to speak with an experienced attorney about mediation for your divorce in a free and confidential consultation. Read on to learn more about some of the common mistakes made during, and misconceptions about, the mediation process.
Debunking the Common Misconceptions about Divorce Mediation in NJ
Mediation uses a neutral third party as the anchor for settlement negotiations, not divorce attorneys representing each side. As such, people tend to misunderstand when mediation is appropriate. Many believe that mediation is only for couples who have a great relationship, or at least an amicable one. While some basis of respect between spouses is required to successfully move the process along, a mediator is trained in counseling or social work and has experience helping couples navigate the emotional triggers that likely arise during the process. Even complex divorce cases or tenuous spousal dynamics can be navigated with the help of a skilled divorce mediator.
Another false notion many have about divorce mediation is that it is a quick, cheap, and always successful road to divorce. In most cases, divorce mediation is much cheaper than litigation in courts, which may be a necessary route for spouses who are in high conflict or cannot agree on the terms of divorce. While divorce mediation aims to empower couples to make their own decisions and work together in the best interests of the whole family, it requires agreement between couples. A mediator is a neutral third party and cannot make decisions for the couple when they are at a standstill. Neither party is required to move forward with the results of the mediation if they are not in full agreement with it. While a mediator can help even conflict-ridden couples reframe issues to open up space for negotiation, success is not guaranteed, and further legal support in reaching the divorce settlement may be required.
Avoid these Errors During the Divorce Mediation Process
Even the most well-meaning couples (and divorce mediators) make mistakes, and they can adversely affect the divorce process. Rushing into mediation and expecting rapid results – both from your spouse and the mediator – is a formula for failure. This mistake is often made by people who do not properly prepare for divorce mediation. A mediator helps gather and review documentation regarding assets, investments, and other pertinent information, but it behooves you to have them on hand before you step into your first session. Another common mistake couples make in mediation is that they let their emotions get the best of them. Having a rigid agenda or reacting negatively to your spouse’s honest thoughts and concerns will only hinder the potential for success of the process. Couples must work together in mediation, as ultimately, only their agreement renders it a success, and there are no outside parties representing you. Acting rashly because of issues that arise – either inside the mediation room or in your life, such as spending large amounts of joint funds in protest, will not only make a mediated divorce settlement more difficult to attain but also may result in negative consequences in litigation when a judge is making decisions for you.
Talk to Our Lawyers to Avoid Mishaps with Divorce Mediation in NJ
Our New Jersey divorce attorneys can help you both preemptively prepare for the mediation process and mend mistakes that were made there. Mediation-friendly attorneys on our team respect the swiftness of the process that mediation often affords our clients. However, we know that there are many mistakes clients often fall into when it comes to mediation. As such, we provide pre-mediation consulting, helping you to first know your legal rights when it comes to mediation so that you can approach the process upright. We also help you gather the necessary financial and other documentation you will need to negotiate your divorce, and iron out any sticky details so you are ready to face your spouse with purpose and respect.
Our lawyers at The Montanari Law Group stand by our clients in Newark, Totowa, Ringwood, Hackensack, Clifton, Bergen County, Essex County, Passaic County, Hudson County, and throughout Northern New Jersey when mediation goes wrong, and more urgent legal support is necessary. Just because mediation doesn’t work doesn’t mean you’ll have to take your divorce to expensive and lengthy court proceedings. We’ve got your back in all areas of divorce, and we look forward to offering you a free and confidential consultation today to discuss wherever you are in your process. Contact us at (973) 233-4396 today to schedule your free meeting.
