Carolann M. Aschoff, P.C.
201-793-7739Jersey City & Bayonne
973-200-4892West Caldwell

Mediation: an alternative to court battles

Admittedly, the idea of taking someone to court can be exciting. You imagine the stunning arguments, the visceral testimonies, the thundering gavel bang of justice, but going to court can also be frustrating, lengthy and costly for both parties. In some cases, it truly is the best option, but most of the time individuals should exhaust preliminary options before deciding to head off to court.

This is where mediation can prove to be invaluable for you and the other party. In fact, in some states, it is a required first step before undergoing a divorce case. In other places, it is an option. Nevertheless, if you are hopeful to resolve any divorce issues with more informal discussions, it may be a good option for dissolving your marriage.

The litigation solution

The litigation solution may come to mind as the stereotypical marital breakup. However, court dates are often set far in the future and then delayed further. Postponements can potentially drag out the divorce proceedings and cost you more in lawyer fees.

A divorce can be more stressful, especially when a judge decides for you and makes binding agreements that may not work for your life. Some aspects of the traditional court case are out of your control. During a court case, the individual has less input. Your lawyer will do most of the speaking and a judge makes the final binding decision.

Another option, mediation

Luckily, mediation is an option you can choose. Mediation entails the two divorcing parties meeting with an impartial third party. This third party is often a legal professional, but sometimes a mediator is a mental health professional or a social worker. Each person can choose to include their own attorney in the mediation, or they can go by themselves. The mediator hosts the discussions, hears from both sides and makes recommendations based on what they hear. The recommendations are not binding, and the information revealed during a mediation session is confidential.

Benefits of mediation

Mediation gives you more control during your divorce. You can have greater input and decide together with your soon-to-be ex-spouse which recommendations work for you and which ones don't. Mediation avoids the court system, so it moves faster. You can have privacy since everything is confidential, and it allows for a more laid-back approach to ending your marriage.

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