The Alternative Dispute Resolution method of Mediation offers a number of significant and distinct advantages to divorcing couples who are able to take advantage of it. Since the mediation process takes place outside of the public court system, not only is it a much more private and informal process than traditional court-decided divorces, it is also very often cheaper, faster, and much less stressful.
With these benefits in mind, you might wonder why every couple doesn’t resolve their divorce through mediation, and the answer is quite simple. In order for the mediation process to be successful, two important requirements need to be met.
Willingness to Communicate and Compromise
Mediation Lawyers Florham Park, NJ
The first critical requirement of any divorce mediation is that both parties are willing to discuss their needs and concerns with one another in a constructive and honest manner. In addition, the mediation process focuses on finding middle-ground compromises, and not every couple is willing to compromise on the key divorce issues of marital asset and debt division, child custody, child support, and alimony.
However, it is important to understand that just because mediation will ultimately involve compromises when reaching final agreements, that doesn’t mean that you should accept a settlement if it doesn’t accurately reflect your unique needs and concerns. If the terms of any agreement you are discussing are not fair to you, or do not take into account your specific needs, part of the mediation process will involve you informing your Florham Park divorce mediator of exactly these issues. While your mediation attorney cannot take sides in any conflict, they can certainly help you to express the specific issues you may have with a particular agreement to your spouse, and work with both of you towards finding a more acceptable solution.
Of course, no divorcing couple will ever initially agree on the specific terms of their divorce settlement agreement, but that doesn’t mean that mediation can’t work for you. As long as both you and your spouse are willing to express your needs and concerns honestly and in a constructive manner, your mediation attorney can help you to find solutions to your disputes which are fair to both parties, and do so in a way which greatly limits the stress, hostility, and conflict normally associated with the divorce process.
The Professionalism of Your Mediator
Divorce Mediation Lawyers Hanover, NJ
The second key component to a successful divorce mediation process is finding a trained, experienced, and ultimately neutral divorce mediator. A divorce mediator who has both experience and training within the area of mediation dispute resolution will be able to earn the trust of both parties, without making any one party feel disadvantaged or “ganged up on”. This neutrality is key to giving both parties the confidence to express themselves, both to the mediator in private, as well as to their spouse during the mediation process, which in turn will help both parties ultimately find solutions which accurately reflect their specific needs and concerns.
While it is the trend of many law firms to now offer mediation services, not every divorce mediator has actually received training in the mediation process itself, and they may not be able to remain neutral, or effective, through the entirety of the process. However, the Hanover, NJ divorce mediation lawyers of Jacobs Berger have exactly these key qualifications, as well as training and experience in the mediation process itself, allowing us to provide a completely neutral, and ultimately successful, divorce mediation service.
Contact Our Morris County Divorce Mediation Attorneys Today
At Jacobs Berger, our attorneys have extensive experience helping clients across Hanover, Florham Park, Madison, Randolph, Morris County, and throughout New Jersey to resolve their divorces in a constructive and healthy manner, including through the divorce mediation process.
The goal of our firm is to help each of our clients find solutions which protect the financial, legal, and emotional stability of them and their families, while also creating the building blocks for a successful and protected future. We apply this unique approach to the divorce process by seeking negotiation before litigation, and to the mediation process itself by acting as neutral, yet compassionate and effective legal counselors and advisers.
If you are considering or going through a divorce, or simply wish to learn more about the mediation process and how our trained mediators can specifically help you to resolve your divorce through mediation, our attorneys are prepared to discuss these issues and concerns with you in a confidential case assessment. To schedule your confidential case assessment, please contact us online, or through our Morristown, NJ office at (973) 718-7705.