Is Divorce Mediation Always a Viable Option?

When you want a divorce, you may try everything in your power to make this process as smooth as possible. As such, mediation may be your first choice to determine the outcome of your divorce. However, this is not always an appropriate option for all couples. You’ll want to keep reading if you’re considering divorce mediation, as the following blog explores why mediation may not be right for you and how a New Jersey divorce attorney can assist you.

What Is Divorce Mediation?

Mediation is an option for divorcing spouses. This process involves both parties meeting with a neutral third-party entity. This person, the mediator, has no bias toward either party and is not there to offer legal advice. Instead, they are there to facilitate conversation between the spouses. The ideal outcome is that the spouses will work together and compromise to determine the details of their divorce. For example, spouses may be able to work together to decide on issues like child custody and alimony payments instead of letting a judge determine how those should be handled.

Many choose this method for a few reasons. Some like the idea of avoiding a lengthy court battle in which a judge, who is unfamiliar with their relationship, will determine how their assets are split and who should get custody. Others prefer mediation because they are still on amicable terms with their ex, as it is a less contentious option.

Is This Option Always Appropriate?

While mediation can be an ideal choice for some New Jersey couples, it is not always an appropriate option for all couples.

Generally, couples who have experienced domestic violence or emotional abuse should avoid mediation. Unfortunately, this option works for those who can freely voice their wants and concerns. When there is a power imbalance as a result of abuse, one spouse may concede to the demands of the other for fear of retaliation. As a result, mediation is unfair and does not benefit both spouses.

If you are a victim of abuse or violence in your marriage, it is in your best interest to avoid mediation. Instead, you should contact an attorney as soon as possible to file for divorce. They can help you decide whether it’s in your best interest to file a no-fault or fault-based divorce, depending on your circumstances.

At Lawrence Law, our dedicated legal team understands how challenging divorce can be. Unfortunately, this only becomes more complex when there is a power imbalance. As such, we are dedicated to ensuring your needs and demands are heard. Contact our office today to set up a free consultation to discuss the details of your case with a dedicated member of our firm.

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