FAMILY LAW... & MORE

Will mediation work if I have a high conflict case?

| Jun 20, 2019 | Divorce Mediation |

While divorce mediation is not right for every New Jersey couple going through a split, people who are in a high conflict separation should not get scared off from the process automatically. Through no fault of their own, many people do wind up in high conflict divorces. In many cases, neither person, individually, is especially difficult to get along with. However, as a couple, the two parties have both come to the point where they almost by reflex contradict what the other person says or wants.

Unfortunately, taking family law matters to a judge in such situations can make the problem only worse. Particularly in high asset cases, taking a litigation-only approach to the issues can mean several costly and stressful trips to the courtroom. The end result is often new or renewed resentments between the two parties who will have to learn to get along. Otherwise, they will continue to have to spend time and money on legal fights.

Divorce mediation can work even when two people tend not to get along. In many cases, the solution may be just to set aside a bit more time for a mediation so that both sides have an ample opportunity to tell their sides of the story to the mediator. In other cases, mediation may be more likely to succeed if both parties can see that there is a mutual advantage to coming to an agreement.

If costly litigation has the potential to leave both sides in a financial pinch or, worse, their children in emotional turmoil, then mediation may seem more attractive. The bottom line is that a skilled mediator can help a couple facing an intense family law conflict resolve their differences and come to terms.

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