When faced with the prospect of a divorce, you have many decisions to make. One of these is about how you will actually process your divorce. Some people end up in divorce court where a judge makes many of the ultimate settlement determinations. Others choose to forgo lawyers altogether and handle all divorce matters on their own. A middle ground has been growing in popularity lately in the form of mediation. But, is this option right for you?
According to Forbes, there are both pros and cons to mediation as a way of settling divorce legal issues. On the plus side, mediation can reduce the amount of time and money involved in getting divorced. It can also be less adversarial which may facilitate ongoing co-parenting regardless of the child custody or visitation plans. If you are concerned about details of your divorce becoming public, mediation is private and therefore may be a good option, especially for a high asset divorce.
On the potential downside, a mediated settlement may well not be fair or in your best interests. Hidden assets can be less likely to surface, costing you potential lost assets. These settlements are also not always able to be enforced, leaving you vulnerable to additional changes. Failed mediation talks generally send cases to court which then extends the time and costs involved overall.
Weighing these pros and cons in light of your own situation is important before making a final decision on whether or not you should use mediation for your divorce. This information is not intended to provide legal advice but general information about divorce mediation in New Jersey.