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Most divorce cases will reach a settlement without needing a hearing before a judge. The question is what lengths the couple would need to go to reach a settlement. Some couples may opt to go through divorce mediation because they have difficulty reaching an agreement or want to set the conditions for success in divorce negotiations.
Divorce mediation is a facilitated negotiation led by a third-party neutral aiming to pave the way for a settlement. The mediator is trained to help the couple negotiate with each other. It does not take much to cause divorce negotiations to go awry, especially when the couple has a history of conflict.
How the mediation transpires depends on your specific case and the mediator’s style. Each spouse would come into the mediation with their position and goals. They have likely spoken with their lawyer to formulate a strategy and understand where they can compromise.
The mediator may meet with each spouse individually before the mediation starts to learn the background they need to know. Alternatively, they could meet with both spouses together. Ideally, the mediator would begin with the aspects of the divorce where it is easier for the two spouses to reach an agreement. This would build trust and confidence when the mediator has to address the more difficult areas.
Mediation Can Help Keep Divorce Negotiations on Track
A mediator would let each of the spouses be heard. Their skill can help keep some of the emotion out of the proceedings. Then, the mediator can help steer the spouses through difficult areas. While each spouse makes decisions, the mediator may suggest areas where they can compromise. Eventually, the divorcing couple may be able to resolve some of the complicated issues and move towards a settlement. The mediator could have individual conversations with the spouses if necessary.
Mediation Is Often Successful
Mediation is typically a much more cost-effective solution than litigation. Reaching a negotiated divorce settlement can be beneficial in the long run, especially when the two spouses must work together as co-parents. Mediation is most effective when your lawyer participates and negotiates on your behalf. You may be heard at various points of the mediation proceeding, but your lawyer may do most of the talking. They would work with you ahead of time to determine your position so they know what is important to you throughout the negotiations.
You would come prepared ahead of time, and you should be ready for a give and take. You would have plenty of chances to confer with your lawyer during the mediation, which may last multiple sessions. Generally, you would continue to talk until it is apparent that reaching an agreement is impossible.
Contact Our Middlesex County Divorce Lawyers at Wiley Lavender Maknoor, PC for Help With Mediation
Our Middlesex County divorce lawyers at Wiley Lavender Maknoor, PC can help you evaluate all your options for your divorce. Call us at 732-494-6099 or contact us online to schedule a free consultation. Located in Metuchen, New Jersey, we serve clients in Middlesex County, Monmouth County, Union County, and Somerset County.