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Despite the impact of COVID-19, we are open and continuing to meet the needs of our existing clients and new clients without interruption or change in the quality of our services. Please do not hesitate to contact us with any concerns, questions or requests for information about your matter. At this time we are offering appointments via telephonic and/or video conferencing.
To help out during these trying times we are offering Free Consultations. Click here to Schedule a Consultation.

Newsome O'Donnell | Family Law

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Addressing misconceptions about divorce mediation

Jan 20, 2022 | Family Law

The decision to pursue a divorce is not usually taken lightly. Often, couples put great effort into reconciling, but when this fails, divorce becomes the only feasible option. 

Frequently, the divorce procedure is viewed as being adversarial, meaning that couples lock into a “winner takes all” battle. This generally doesn’t benefit either party. 

Divorce mediation offers a way for spouses to settle contentious matters in a reasonable fashion, while still protecting their interests. The mediation process is often misconstrued, which can put couples off the process. It is important to address the most common misconceptions about mediation so that couples can make an informed decision on how to move forward. 

Must spouses get along for mediation to work?

While mediation can be more efficient when couples get along, this doesn’t have to be the case. The mediation process will focus on potential compromises that allow couples to progress rather than looking back on the negative aspects of the relationship. 

In a heavily litigated divorce, couples often begin from the standpoint of being confrontational. This is simply not how mediation works. In a safe and neutral environment, parties to the divorce are often pleasantly surprised at how quickly issues can be resolved in an equitable manner. 

Is mediation possible in high net worth cases?

While high net worth divorces can involve more complex financial settlements, these are not out of reach of the mediation process. An adversarial divorce frequently involves many court hearings, that can span over many months and incur substantial legal fees. 

By having all of your goals on the table before the mediation begins, solutions can be suggested that save you considerable time and money when compared to litigation. Neutral third parties involved in mediation are accustomed to settling high net worth cases on a regular basis. 

The impartial essence of the mediation process could help you to reduce conflict in your divorce. As you work through the process, be sure to take note of your legal rights in New Jersey