A divorce is, more often than not, an emotive, if not outright contentious, procedure. The truth is that there are several measures that can (and should) be used to lower the emotional warmth connected with the divorce process.
Divorce mediation is a path of activity you might want to pursue if you’re about to enter or are already in the middle of a divorce dispute. Divorce mediation has a variety of advantages, one of which is the reduction of emotions. With that in mind, here are five crucial facts concerning divorce mediation that you should be aware of:
Mediation might be requested for a specific issue
Not every problem in a divorce must be presented to or decided by mediation. Rather, mediation can be used to address a single issue or combination of concerns. The sides may be able to handle a variety of issues on their own, but they seek help from a mediator to settle another issue.
Child custody mediation is a good example. Divorcing parents may be able to negotiate other difficulties, such as property partition, but they may be unable to strike a deal on child custody concerns.
In the event of a divorce, a mediator can guide the parties in drafting a thorough parenting plan that covers everything from physical and legal custody to family time and visits. Child support issues might also be discussed during this form of mediation.
Legal Representation Isn’t Always Necessary When Mediation Is Used
Mediation does not negate the requirement for both sides to hire legal counsel in a divorce. Divorcing partners are almost always better served by availing the services of skilled legal counsel considering the nature of marriage breakdown cases.
Attorneys do not engage directly in mediation proceedings as a matter of course. As a result, during mediation, a divorced couple might seek assistance from their respective divorce attorneys.
A Mediator does not make decisions on your behalf or for your partner
A mediator cannot act in the best interest of participants. In the same way that a courtroom judge takes evidence and issues orders, a mediator does not do so. Rather, a mediator’s job is to help divorced spouses find a solution to their problems. A mediator provides structural support and assistance to divorced parties in order to help them negotiate and resolve certain unresolved difficulties.
If the mediation procedure is productive, the mediator will draught a mediation agreement. A mediation agreement specifies the terms of the agreement struck between the sides and is similar to a traditional divorce settlement document.
The Terms Mediation and Arbitration Are Not the Same
The phrases mediation and arbitration are frequently used interchangeably. Alternative dispute resolution techniques include mediation and arbitration. As previously said, a mediator supports the parties in obtaining a resolution of disputes during mediation, as will be addressed in further detail in a moment. An arbitrator makes decisions and provides orders during the arbitral proceedings, outlining how conflicts between parties should be addressed and resolved.
Mediation for Divorce is a willful procedure
When it comes to divorce mediation, it’s important to remember that it’s a completely voluntary process. Mediation cannot be used to compel you to achieve an agreement. Rather, any decision reached through the mediation procedure must be made willingly and intentionally by both parties.
A judge has the authority to require the parties to try mediation. A judge, on the other hand, cannot order that the divorced parties address their differences through the alternative dispute resolution mechanism.
If you’re curious to learn more, then connect with experienced divorce lawyers and family law attorneys for divorce mediation in New Jersey that are committed to safeguarding your legitimate interests.