The Benefits of Mediation

The Benefits of Mediation

Divorce Mediation Attorneys Bergen County, NJ

Providing Alternatives to Divorce in New Jersey

When considering all of the avenues that you may pursue to resolve your divorce, mediation, and other forms of Alternative Dispute Resolution provide many advantages. Confidentiality, cooperation, control of the process, time-efficiency, cost-effectiveness, and a more informal environment represent just some of the many benefits of mediation for divorcing couples in New Jersey. Obviously, mediation is not a viable option for everyone and the extent to which mediation will be advantageous for you depends entirely on your unique circumstances. However, there are many positive attributes of mediation, and considering these will allow you to make the most informed decisions, ensuring you proceed with a divorce process that best serves your needs.

Benefits of Divorce Mediation

The following is a list of just some of the many advantages of divorce mediation.

Control of the Process: in mediation, the participants are the only parties who can determine the terms of their final agreement. In other words, control is not placed in the hands of a judge or an arbitrator and there is no risk that power will be taken out of your hands. The mediator will provide recommendations, devise solutions, and discuss potential trade-offs for each side, but he or she will never make a judgment for the parties. If you and your spouse reach a mutually-agreeable decision, then you can choose to move forward in unison. If not, either party can choose to pursue traditional litigation as an alternative route. Obviously, divorce can be extremely stressful. Mediation can take the pressure off of the process and allow you to feel in command of your future.

Time-Efficiency: the litigation process can become long and arduous, as these cases are scheduled based on the number of other cases on the court’s docket. As such, your case may begin weeks or months after your initial complaint for divorce is filed, with a trial scheduled well into the future. Furthermore, depending on the level of contentiousness and complexity, divorces can take years to be resolved, preventing you from moving forward with your life. Mediation, on the other hand, is scheduled and resolved promptly, providing additional flexibility since your sessions can be scheduled based on the time commitments and availability of both parties.

Cost-effectiveness: As you may know, divorces can become extremely expensive, even crippling, financially. As the hours, days, weeks, and even years pass before your divorce is resolved, the bills can accumulate for both you and your spouse. Mediation provides an infinitely more cost-effective solution, saving time and money for both parties involved. You and your spouse can choose to share the mediator’s fees, and even if you obtain independent counsel to participate with you in the mediation sessions, the process itself is significantly shorter than traditional litigation.

Confidentiality: unbeknownst to many, the records of a courtroom divorce become admitted to the public record, meaning that evidence, testimony, and perhaps sensitive information are exposed to the public at large. Conversely, mediation is entirely confidential, with anything said during the proceedings kept private. If you have a reputation, career, or children that you wish to protect from certain information or simply wish to resolve issues privately between you and your spouse, mediation allows you to do so without the exposure of a litigated proceeding.

Fostering Cooperation: when you choose to divorce, there are often many more parties and interests involved than simply you and your spouse. For instance, divorcing parents may wish to pursue a more cooperative approach to resolving their divorce as a means by which to protect their children and to move forward positively. Co-parenting can be accomplished when both parties are committed to the best interests of the child, and mediation can serve as the first step toward a mutually-beneficial co-parenting arrangement. Similarly, spouses who share a business or certain interests that will require continued interaction may benefit from the collaborative approach of mediation. The resolution of such significant matters can be vital for your personal and financial future and a mediator can assist you both in reaching a compromise. Avoiding or decreasing hostility can allow for a forward-moving relationship that best serves the interests of both parties involved.

Informality: The traditional litigation route can be intimidating, as court rules of procedure and evidence, as well as the formality of the process, leave you feeling trapped in a maze with little ability to voice your concerns. Mediation provides you with a safe, open, informal environment for you to present your perspective and advocate for yourself. Through mediation, you ensure that you are heard throughout the process and that the issues that matter most to you are adequately addressed. Particularly in families, the dynamics of relationships become important. A mediator can ensure that neither party takes over the proceeding by asserting power over the other or silencing them. When devising appropriate solutions for parenting, reaching an agreement about finances, or dividing prized assets, the ability of each person to speak, to be heard, and to participate in the process can be invaluable.

Contact our Mediation Team for Additional Information

The talented divorce and family law attorneys at Townsend, Tomaio & Newmark assist clients through the mediation process across New Jersey, including in Bergen, Morris, Essex, and Passaic counties. It is our commitment to empowering our clients through each phase of the mediation process, facilitating communication, cooperation, and the development of creative solutions for solving a vast array of issues. With our support and guidance, you can resolve your divorce and family law matters in a non-contentious, cost-effective, and time-efficient manner. Our three partners have a combined 30-plus years of experience mediating the most complex and challenging divorces, and our highly diverse team includes child advocates, division of assets specialists, panelists for New Jersey’s Matrimonial Early Settlement Panel Mediation Programs, and approved family law mediators pursuant to New Jersey Court Rule 1:40-12. To speak with one of our knowledgeable mediators at no cost, contact our firm.

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