Florham Park Legal Blog

What is divorce mediation?

Posted by Sharon E. Johnson | Mar 20, 2018 | 0 Comments

In general, the divorce process can be complex and confusing. To help alleviate some stress and financial strain, some divorcing couples consider alternative methods to complete the divorce process, such as mediation.

Couples who are considering their options may find it helpful to explore the mediation process and what it entails. Here are a few important facts to know about mediation. 

Mediation process

The divorcing party may choose to undergo mediation, or the courts may require it. Either way, the parties meet with a mediation professional, who serves as an unbiased party to help guide the mediation process. The two divorcing parties make all of the decisions, and the mediator ensures that they address all issues as required by law and documents them. Once the mediation is complete, the judge reviews the document and accepts it, at which point it becomes legally binding.

Key aspects

There are several different aspects that any divorce proceeding must address. Therefore, a proper mediation covers those important elements, including:

These are just a few of the aspects that the divorcing couples must discuss. Depending upon the details of the marriage, some aspects may be added or omitted, such as parenting or joint business elements.

Benefits

Undergoing mediation instead of a court proceeding can benefit the divorcing couple in several ways. The process tends to be quicker and eliminates certain fees, such as court costs, so it is more time and cost efficient. The mediation process is not public record, which aids in maintaining privacy. It also allows the divorcing parties to make all of the decisions for themselves rather than having a judge determine their fate. Especially for parents, being able to work together in this manner can be helpful for future communication.

About the Author

Sharon E. Johnson
Sharon E. Johnson

Sharon E. Johnson is a principal with the law firm of Johnson & Johnson and has been engaged in the practice of law for more than 25 years. Sharon concentrates her practice in the area of matrimonial/family law and related matters including divorce litigation, divorce mediation, collaborative div...

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