Mediation involves a couple sitting down with or without their attorneys and attempting to create a divorce agreement. It can be an alternative to litigation in many divorces, but it is important for New Jersey couples to prepare for the process in order to have the best outcome. The first step is to get ready for what may be a more emotional experience than they anticipate. A person who has suppressed feelings of anger or sadness might find them coming up in mediation. It is fine to ask for a break in order to regain composure in this situation.
Financial preparation is also important. Concrete numbers and documentation are needed. People should also come ready to listen to one another. Not doing so and preparing a response while the other person is talking will make for a much less productive divorce mediation.
When it comes to both property division and child custody issues, people should have an ideal in mind but prepare for a compromise along a spectrum. It may help to know what the goal of the other person is as well.
Mediation is one approach to divorce, but it is not always appropriate. If there are more serious issues than irreconcilable differences such as concerns about a parental abduction or domestic violence, litigation may be a better option. Litigation may also be necessary if mediation breaks down. In some cases, a couple may reach agreement on some issues in mediation but need to go to court for others. One of the main advantages to mediation is that it allows people to explore creative solutions that suit their particular situation to a degree that would probably not be possible in litigation.
