Turning To Mediation During Divorce Proceedings: Frequently Asked Questions

If you are entering a divorce, relations with your spouse are likely strained. No matter how deeply the two of you disagree, however, divorce litigation can be costly, and you may wish to consider the benefits of avoiding it. For some Florham Park couples, alternative dispute resolution (ADR) methods such as mediation can present a more cost-effective and agreeable pathway to a settlement. Here are some commonly asked questions that our attorneys at Newsome O'Donnell, LLC, receive regarding mediation:

What is mediation?

Mediation is the process in which you allow a neutral party to assist you in reaching a divorce settlement. Through a series of one- to two-hour sessions, an effective mediator will foster communication between both parties and explain the legalities of the process before ultimately arriving at an agreement.

What are the advantages of mediation?

Opting for mediation will typically save you time, money and energy. A mediation can also be a more amicable pursuit than going to court. If you and your spouse have children, a more cordial settlement process could make for a better co-parenting relationship going forward as well.

How much time does the mediation process typically require?

No two divorces are alike, so a set formula or duration does not exist. The length of your mediation will largely be dictated by the complexity of your divorce and the assets that call for division. On average, however, a divorce mediation will take one to two months, with more complicated proceedings lasting upward of six.

What is the difference between mediation and arbitration?

While both procedures share similarities, mediation and arbitration do have a distinct difference. In a mediation, both parties must agree to a resolution, whereas in an arbitration they concede that decision to the arbitrator. An arbitration is also more akin to litigation, as both parties will make their cases before a third party weighs them and arrives at a decision.

Our Firm Can Help You Reach A Resolution

If you have questions beyond these mediation FAQs, our experienced lawyers are ready to provide you with answers. We can be reached by phone at 973-692-6317, or you can send us an email to schedule a consultation or ADR session.