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Divorce mediation: What are the advantages and disadvantages?

Many New Jersey spouses who divorce are merely looking for the swiftest and least painful means of achieving fair settlements and leaving their pasts behind them. If those involved are parents, children's best interests are often the central focus of proceedings. The good news is that there are options that allow couples to avoid litigation altogether, such as the mediation process.  

Mediation is a negotiation method designed to help spouses create their own co-parenting plans and determine the terms of their divorce settlement. Once issues are resolved, they simply seek the court's approval and obtain their final decree. Mediation is definitely not for everyone, especially those who struggle to peacefully communicate and whose relationship tends to be fueled by contention.  

Potential benefits to divorce mediation include the fact that it is often cited as the least expensive means of divorce. People worried about taking numerous days off work may also want to try this option, as it often takes less time than litigation. In addition to these possible advantages, another reason many spouses choose this option is that sessions are confidential and the matters discussed are not made part of the public record.  

If a person shies away from asserting him or herself when facing disagreement with another party, it may be better to allow a family law attorney to act as a personal advocate in court. If a hidden asset problem is suspected, it may be another reason to avoid mediation, since pretrial discovery is not typically part of the mediation process. To determine if mediation is worth a try in a given situation, a New Jersey spouse can seek experienced guidance. 

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  • IACP | International Academy of Collaborative Professionals NAFLA | Top Ten Rating | 2014
  •  Super lawyer | Melissa Cipriano
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Melissa Cipriano: Honored as a "Best of New Jersey Among our Most Distinguished Americans of Italian Descent" and conferred the "Stivale D'Italia Award of Excellence" by the Italian Tribune for her "honesty, integrity and dedication to fair and ethical business practices" and her "outstanding reputation as a Woman Whose Word is Her Bond".

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