The dissolution of a marriage is never a simple or comfortable process. It brings a whirlpool of emotions, conflicting interests and a seemingly insurmountable pile of legal formalities. As you embark on the journey of divorce in New Jersey, one of the decisions you face is the choice between litigation and mediation.
Mediation is a process in which a neutral third party helps you and your spouse negotiate your divorce agreement. It provides an opportunity to reach a settlement that respects the interests of both parties.
The advantages of mediation
One of the biggest advantages of mediation is that it fosters communication and cooperation between the divorcing parties. You and your spouse keep control over the decisions made, rather than having them imposed by a court. This could lead to a more satisfying outcome and a less contentious relationship moving forward.
Another benefit is the confidentiality that mediation offers. Unlike court proceedings, which are public records, mediation sessions are private and confidential. This can save you from the stress and exposure of airing your personal issues in a public forum.
The drawbacks of mediation
While there are several advantages to mediation, it may not be suitable for all situations. If there is a significant power imbalance between you and your spouse, the negotiation process may not be fair. Mediation also relies heavily on the willingness of both parties to negotiate in good faith. If one party is uncooperative or dishonest, the process may fail.
Choosing mediation for your New Jersey divorce depends largely on your circumstances and relationship with your spouse. It can be an effective, cost-saving option if both parties are willing to negotiate fairly. However, if there is a history of domestic abuse, severe power imbalance or lack of cooperation, litigation may be the safer route.
