CSG Law Alert: Witch (It’s Almost Halloween) is the Right Choice for You – To Mediate or Not to Mediate?
Divorce can be stressful and complicated, and the idea of appearing in court can be daunting and the process, expensive. There are alternative dispute resolution options available outside of the courtroom which may help you move your case toward an amicable resolution.
What is Mediation?
Mediation is a process involving a neutral third party, the mediator, whose purpose is to help you reach a mutually agreeable resolution by facilitating settlement discussions. Unlike a judge, a mediator does not impose a decision on you, but guides your discussion to help you find common ground, compromise and resolution.
Is it Voluntary?
Mediation is a highly encouraged form of resolution and can be voluntary outside of the court process or even a required step in family cases. Courts will separate custody and parenting time mediation from economic mediation.
Is it Confidential?
Yes. Mediation is designed to be confidential to encourage open and candid conversations and disclosure of information. Under New Jersey law, the discussions held in mediation cannot be used in court proceedings except under specific circumstances.
What Are the Benefits?
Mediation often helps resolve issues more quickly than traditional litigation. The mediation process allows you and your spouse to maintain control over the outcome and to be the decision makers, rather than having a judge, who doesn’t know you or your family members. Remember that the decisions you make are decisions you will live by, perhaps for many years. These decisions will affect the members of your family. As an additional benefit, in many cases, mediation will be a more cost-effective option.
When is Mediation Alone Not the Best Choice?
Successful mediation depends upon full disclosure of financial information, including income, assets and liabilities. If you have a concern that your spouse may not be totally transparent with respect to assets or may decline to produce statements showing asset balances, you may need to ask a judge to assist you. In that case, when all financial information has been disclosed, you can use mediation effectively to amicably resolve all issues.
Mediation is a powerful tool to foster communication and encourage settlement. For guidance on which choice is right for you, your family and your case, contact our family law attorneys at CSG.