Carolann M. Aschoff, P.C.

Do I have to go to trial as part of my divorce?

Filing a lawsuit is a necessary part of dissolving a marriage. However, nowadays, you and your spouse do not have to go down the litigation path to address the terms of your divorce when dealing with issues such as property division and child custody. Instead, you can rely on a divorce mediator in New Jersey to help you to resolve your disputes.

What is mediation?

In mediation, a neutral third party helps you and your spouse to attain a resolution through promoting both parties' voluntary agreement. The mediator promotes understanding, drives communication and seeks innovative problem-solving to help you to come up with your own agreement, focusing on both of your best interests. The mediator will ensure that the entire process runs professionally and smoothly.

The goal of divorce mediation is to create a mutually satisfactory, equitable and legally sound divorce agreement and thus minimize the hostility, emotional trauma and stress that often come with a divorce proceeding. Through mediation, you can avoid the financial cost associated with litigation as well, as litigation is generally more time-consuming than mediation.

Another major benefit of mediation is that, since both parties played a role in determining the outcome of the divorce, they will both be more likely to stick to the resolution following the divorce proceeding.

Mediation and children

Mediation is especially advantageous for couples who have minor children. By choosing mediation, you and the other parent can protect your children from having to see their parents fight, which can be painful for a child. In addition, through mediation, you learn the skills that will be necessary for co-parenting in the years following the marital split, such as how to resolve conflicts.

Is mediation really right for me?

The majority of couples consider mediation to be a viable alternative to going to trial. However, it might not be the best option for every person. Mediation may not be helpful if you or your spouse cannot express your opinions completely or without fear.

Using a divorce mediator may not be helpful if either party is unwilling to mediate in good faith or to compromise. A knowledgeable attorney in New Jersey can walk you through the mediation process and help you to determine if it is appropriate for you in light of your circumstances.

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