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A contentious divorce is not necessary — try mediation first

On Behalf of | Oct 21, 2016 | Family Law

Many couples who end their marriages do not want to do so under the traditional adversarial system. They need to know that contentious divorces are no longer necessary. The increasing popularity of mediation is allowing New Jersey couples seeking divorce to negotiate their own settlement agreements in supportive and non-adversarial atmospheres.

One of the primary benefits of mediation is that the parties maintain control over the process. As long as the parties understand that compromises will more than likely need to be made, they, not a judge, can make all of the decisions. The majority of the time, the process also cuts down on the cost of divorce and the amount of time it takes.

Mediation also allows the parties to protect each of their interests and futures. In many cases, mediation also cuts down on the animosity that seems to be exacerbated by the courtroom process. This is especially beneficial if there are children involved, since their parents are often kinder to each other, which can make the process easier for the children as well. Parents also have the opportunity to design a parenting plan that works best for the family, since they can think outside the parameters judges are often required to follow.

By engaging in the mediation process first, New Jersey couples are often able to settle all of their issues without the intervention of the court. However, if there is an issue that the parties are simply unable to agree upon, only that matter can be brought to the court for consideration. The remainder of the divorce settlement already negotiated by the parties can be incorporated into the final decree after the court decides any outstanding issues.


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