The prospect of a highly contentious divorce can be a daunting prospect for spouses. Often, children are at the heart of the process, and it can be beneficial to try and ease conflict and maintain privacy. Therefore, it can be beneficial to explore different methods that may suit your needs throughout a separation.
The mediation process brings numerous potential benefits, such as informality, efficiency and reduced conflict. However, one benefit that is often overlooked is privacy. Proceeding with divorce mediation could help you to prevent sensitive matters from being aired in public.
How New Jersey views mediation and privacy
The law relating to the confidentiality of mediation proceedings is set out in New Jersey Court Rule 1:40 (d) and (c) as well as N.J.S.A 2A: 23- C- 1-13. The regulations state that no person involved in the mediation process can disclose information to anyone who has not been party to the process. Additionally, information and communications that have been offered during the procedure will typically not be eligible for separate legal proceedings in the future.
Why is confidentiality important?
Protecting confidentiality may ensure that all parties are fully open and honest during the divorce process. Also, more productive discussions might result from the fact that disclosed information cannot be presented at a later date in separate court proceedings.
Getting divorced is a major decision, and knowing how to retain privacy could be in your best interests. Understanding that you have a legal right to privacy may ease your transition during the divorce process. It is important to remember that you are afforded legal protections as a spouse in New Jersey.