To Mediate Or Not To Mediate

Going through a Divorce in New Jersey can be a very complicated process, for those entrenched in this arduous course of action, mediation may be a valuable option. Mediation is a process whereby parties to a divorce can go before a mutually agreed upon neutral party, the mediator, and attempt to resolve issues pertaining to the divorce. Mediation offers a less expensive and quicker alternative to having to petition and go before a court of law to resolve the issues in the divorce. The goal of a divorce mediation is to have the parties agree to terms which can be transferred to a formal divorce settlement agreement. Perhaps the primary concern for parties seeking to engage mediation during their divorce is the qualifications and experience of the divorce mediator. In order for the mediation process to be efficient and effective the parties should be motivated to peacefully negotiate and the mediator should be able to properly advise the parties as to the applicable laws regarding equitable distribution, alimony, as well as other issues that arise during a divorce. In addition, a qualified divorce mediator should know how a court would likely rule on an issue so that he or she could attempt to help the parties reach an equitable agreement on such individual issues. It is critical that parties research the qualifications of a divorce mediator before engaging the process. There are many professionals throughout New Jersey who refer to themselves as "mediators," but who have limited experience actually conducting mediations. Parties should take the time to research the certifications and experience of any professional mediator that they may be researching or hiring. A divorce settlement agreement or any terms contained therein may be unenforceable in court if an inexperienced or unqualified mediator is not knowledgeable with regard to the current laws of New Jersey. In sum, mediation can offer a cost effective and time sensitive alternative to resolving divorce issues, provided that the mediator is qualified to conduct the mediation and draft the agreement. If you are thinking about filing for divorce or utilizing mediation during your divorce proceeding it is advisable that consult with an attorney who has experience in this area of the law. For more information about mediation, equitable distribution, divorce, or other family law matters in New Jersey visit HeatherDarlingLawyer.com and NJCivilUnionLaw.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.