Photo of Professionals at Weinberg, Kaplan & Smith, P.A.
Photo of Professionals at Weinberg, Kaplan & Smith, P.A.
  1. Home
  2.  » 
  3. Divorce
  4.  » A less contentious approach to divorce

A less contentious approach to divorce

On Behalf of | Nov 3, 2022 | Divorce, Divorce Mediation

There are different paths to divorce that you and your spouse can choose to take. While one way is to battle it out in a New Jersey courtroom, you can take a less contentious approach through mediation. Mediation, which can be used for the full process or for particular points, offers many benefits.

Understanding mediation

The process of mediation is an alternative divorce process where spouses work with a mediator, who is a neutral third party. The mediator listens to both sides, advises on matters of the law and guides the spouses to work together to resolve their issues. However, unlike with a judge, the spouses make the final decisions on their issues to reach a settlement. If they are unable to reach one, they can still proceed to litigation.

Mediation is beneficial to both parties

Mediation offers spouses a range of benefits. These include:

  • Control over the divorce process and the resolution of issues
  • Time and cost-effectiveness
  • Collaboration between the spouses to work out issues
  • An opportunity for co-parents to begin working together
  • Privacy over the family details

Should you choose mediation?

Even with the many benefits of mediation, you might still be unsure about whether mediation is the right path for you and your spouse. There are few exceptions to who should choose the mediation process. However, if you were involved in an abusive relationship or if one of the parties will not be honest about sharing financial or other necessary information for the negotiations to go forward, then mediation cannot be used. Since mediation should be voluntary and open, honesty and a safety are central to its success.

Mediation can save you time and money since it can help you and your spouse resolve your issues in less time than if you go to court to fight it out. Because it often results in a more amicable resolution to issues and perhaps relationships, it can also benefit the whole family if there are children involved.