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Points to consider about mediation in family law

On Behalf of | Nov 7, 2016 | Family Law

You are ready for your marriage to end, but now the court says there is a stay on divorces. This is exactly what people are hearing in Passaic County and Essex County. What are you going to do? If you aren’t going to wait for the stay on divorces to lift, you need an alternative. Mediation might be the key you are looking for. Since the divorce stay simply means that there isn’t any divorce litigation, you can still get divorced if you and your ex can hash out the terms.

You work with the mediator

Now, you might be thinking that the last thing you want to do is to work with the ex that you are so ready to be rid of. Well, there is good news and bad news here. The bad news is that you will have to work with your ex. The good news is that you will have the assistance of a trained mediator who can guide the negotiations and steer things back to where they need to be if the conversation veers. The goal of mediation is to come up with a solution to the issues at hand, with which both parties are happy.

You can work on personal solutions

Mediation lets you fight for what you hold close to your heart. If you turn to the court to determine what is going to happen, you don’t have any control over what decisions are made. This could mean that you end up without the one thing you wanted. Mediation lets you and your ex work on a settlement, which could mean that you are able to give up things you really don’t want in exchange for getting the things you do want.

You address all aspects of your divorce

Divorce mediation can encompass all aspects of the divorce. You can work on property division matters, child custody, child support, and alimony. In each of these, you should know what you want when you go into the mediation process. You should also learn about what is legally possible. The more information you have going into mediation, the better.

Your attitude matters

When you decide to end your divorce through mediation, you have to go into the process ready to negotiate. You can’t go into it thinking that it is your way or the highway. Instead, be willing to listen to what your ex has to say and think carefully about the solutions he or she is proposing. In some cases, you might find a solution that you didn’t think about. You should make sure that you know the points on which you are more than willing to negotiate, as well as what points are deal breakers. Remember that once the mediation agreement is signed, it is enforceable. If anything needs to be changed, you would have to start a new legal process to modify the agreement.


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