HOW TO PREPARE FOR DIVORCE MEDIATION

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HOW TO PREPARE FOR DIVORCE MEDIATION

Signing divorce documents at deskParticipating in divorce mediation has become a popular choice for people to pursue in an effort to resolve their divorce matters, as an alternative to litigation. Understanding how to prepare for divorce mediation is the key to a successful mediation. Attending economic mediation during the divorce process is required by the Court in New Jersey, before your matter will proceed to trial. The goal of the family court is to encourage people to reach a settlement on their own, rather than having a judge decide their case. People often choose to attend mediation before filing for divorce. Divorce mediation benefits are significant when mediation is successful. Attending mediation instead of engaging in divorce litigation is far less time consuming. As a result, it is both emotionally and financially more effective for you and your family.  Litigating the divorce process can be very lengthy for numerous reasons, oftentimes due to variables unrelated to your case, such as the availability of judges and how many cases each judge is handling. As a result, finding out how to prepare for divorce mediation can be beneficial to you and to your family.

How you prepare for divorce mediation will ultimately depend on when you attend mediation. Attending mediation, and specifically the approach that the mediator takes before you file a complaint for divorce, may be handled differently than if you attend mediation as a required part of the divorce process. Where people are in that process, and whether some of the issues have already been agreed upon, will dictate what issues must be addressed to reach a comprehensive settlement of your matter. Also, when people attend mediation of their own accord, their approach to the process might be more open minded than people who are compelled to attend mediation by the Court. Whether you attend divorce mediation in your divorce proceedings, or before you file a complaint for divorce, learning how divorce mediation works will make the process much easier to navigate.

Divorce Mediation Basics

Familiarizing yourself with some divorce mediation basics ahead of time will also facilitate a successful mediation process. To be prepared for mediation, you should know what to expect. During the mediation process, the mediator, a neutral person, helps you to negotiate.  This process can take place with or without your attorney present.  It is important to remember that the mediator does not have the power to decide the case. The process is intended to be both informal and flexible. You do not have an obligation to hire a lawyer or other adviser. However, the mediator cannot decide the outcome of your case for you. The mediation process is intended to be more efficient and much less expensive than litigation.  

You should arrive at mediation with an understanding of your finances, including a list of your assets and their values as well as a list of your debts.  If you and your spouse have children, you should be prepared to discuss living arrangements, a parenting time schedule, and expenses for the children.  Knowing how you would like to see each issue resolved will lead to a more productive session. Being prepared to discuss each issue is the best way to prepare for your divorce mediation.

Collaborative Mediation Divorce

Collaborative mediation divorce, often referred to as the collaborative divorce process, is a process that many people consider because it allows for a collaborative approach to the divorce process. Collaborative mediation divorce involves two attorneys who sign an agreement requiring them to withdraw from the case if the matter proceeds to trial.  This process differs from traditional mediation because during the mediation process there is one neutral person who cannot decide your case. Instead, this person is responsible for helping you and your spouse reach common ground and resolve your differences, without providing legal advice to either one of you. 

How Long Does a Divorce Mediation Last?

How long a divorce mediation lasts depends on how committed you and your spouse are to the process, and how productive the mediation sessions are.  Understanding how to prepare for divorce mediation will ensure that your divorce mediation process is as successful as possible.

Contact our team at DeTorres & DeGeorge today to learn how to prepare for divorce mediation and how the mediation process might work for you and your family. Our legal experts are committed to facilitating settlements for our clients, to ensure our clients settle their matters fairly with the least amount of emotional and financial expense, while addressing all relevant issues concerning the dissolution of your marriage. 

 

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