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Despite the impact of COVID-19, we are open and continuing to meet the needs of our existing clients and new clients without interruption or change in the quality of our services. Please do not hesitate to contact us with any concerns, questions or requests for information about your matter. At this time we are offering appointments via telephonic and/or video conferencing.
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How does divorce mediation work? 

On Behalf of | Mar 9, 2021 | Divorce |

Low-conflict divorces have become increasingly popular. It can be cheaper to divorce amicably. Additionally, it can be a lot less stressful for you, your ex and any children you share if you find a way to divorce without fighting over every little detail. 

Divorce mediation can be a tool to help couples take control of their divorce and end things quickly without battling in court. What is the process of divorce mediation like?

Who attends a divorce mediation session? 

There will usually be at least five people present for divorce mediation, although there could be more. Each spouse will attend the meetings, along with their own legal representation. Having separate attorneys is crucial so that neither spouse can bully or trick the other into terms that are unfair or don’t reflect the likely outcome over divorce under New Jersey law. 

Additionally, there will be a fifth person present: The mediator is a neutral third party who helps guide the process and facilitate both negotiation and compromise.

What happens during mediation?

In a mediation session, each side explains how they perceive the circumstances and what they think would be fair. If there was infidelity, for example, the spouse who didn’t cheat may expect some additional compensation due to the betrayal they experienced. Unlike discussing such issues in court, going over them in mediation helps keep these details confidential so that they aren’t part of the public record. 

In high-conflict cases, the spouses may not be in the same room together, although everyone sitting down at a table can be the fastest approach. A mediator can go back and forth between different rooms or even different offices to discuss each development in negotiations and help the parties work their way toward a solution. 

If everyone agrees on certain terms, then they will sign an agreement detailing those terms at the end of mediation. That agreement will guide the courts during your divorce in lieu of litigation. If you intend to pursue mediation as part of your pending divorce, you need to prepare yourself for negotiations and make sure you understand what assets you have a right to possibly claim in the divorce proceedings.

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