There are many ways to pursue a divorce in New Jersey. Mediation of economic aspects is rapidly becoming one of the most common elements.
This is true because it has many potential benefits, depending on the details of the case. These benefits might also apply to cases in which the couple has accumulated significant assets.
Divorce court is an open forum, leaving many aspects of the marriage subject to the public eye. In the best of cases, this could be embarrassing. For couples with high assets, it could become a personal or business risk.
Mediation, on the other hand, is confidential. Both parties share information and come to potential resolutions independent of a court proceeding.
Mediation allows for high levels of input and control when compared to formal litigation. Divorcing couples can typically choose their own schedules, design their own agreements and participate in the discussion.
During litigation, there is often much less opportunity for speaking one’s mind or taking control of a situation. Formal rules of order take priority, and judges typically do not tolerate any departures.
Perhaps one of the most important aspects of mediation is that it is typically faster and cheaper than litigation. For couples who want to preserve significant assets but do not have any excessively complex legal issues in the marriage, this could be an attractive benefit.
Corollary to choosing one’s own schedule, mediation does not have to wait for open slots on the court’s docket. Additionally, since both parties participating in mediation presumably want to conclude the divorce, there are typically fewer intentional delay tactics.
Mediation of economic aspects does not have the ability to end a divorce by itself. However, it could result in a proposal for equitable property division that the court would then approve quickly.