Understanding the Basics of Divorce Mediation

One of the more common processes used during an uncontested divorce is mediation, which is a type of negotiation method. In 2016, around 3.2 out of every 1,000 people in the United States obtained a divorce, which displays just how common this process is. When you’re getting ready to file for a divorce and you’re considering the mediation process, our family law attorneys at Morgenstern & Rochester can answer your questions and provide you with representation. 

What Is Mediation?

Divorce mediation is a process that refers to negotiations between both parties involved in a divorce. This process can involve the attorneys for each spouse as well. These negotiations are designed to determine the final details of a variety of issues that can occur within a divorce, which extend from child custody to the distribution of assets and other property. A third party will oversee the mediation and assist with negotiations. This third party is meant to be neutral in regard to both parties. The mediator helps both spouses work through their issues in order to obtain a divorce that is uncontested. 

What the Mediation Process Entails

The mediation process can differ depending on who is selected as the mediator for the process. Most mediators will gather comprehensive information about both spouses, including the various issues that the spouses are trying to work out between each other. When using this process, the main issues of the divorce won’t be handled by the court. The neutral third party will take the issues from both spouses and attempt to come to an agreement between them. In many cases, the duties of the mediator will extend to brainstorming ideas on how to come to an agreement between both parties while also providing each spouse with assistance during the decision-making process. 

A mediator will also work to keep the couple focused on the issues at hand to help them avoid getting off track and dwelling on other aspects of the marriage. This negotiation method is commonly used in divorces that involve children and must consider such matters as child custody and child support. When children are involved, the main goal of a mediation is to settle on a parenting plan. The length of the mediation process depends on the severity of the issues that are being negotiated. 

Issues Negotiated During a Mediation

The issues typically negotiated during a divorce mediation are the same as the primary issues that are resolved in any divorce. These issues include:

  • Child custody between each parent
  • Child support
  • The distribution of assets and liabilities between each spouse
  • Tax issues
  • Retirement issues

When it comes to the mediation process, any issue that is provided to the third-party mediator will be discussed between each party. The negotiations will continue until an agreement is reached or until the mediation is concluded without these issues being settled. 

How Our Family Law Attorneys Can Help

Here at Morgenstern & Rochester, our family law attorneys can join you throughout the mediation process and will be able to assist you in every other aspect of your divorce proceedings. Our attorneys have an extensive amount of experience in family law cases, including all types of divorce. Whether you believe that your divorce will be a contested or an uncontested one, our attorneys will be at your side through the divorce proceedings to ensure that your needs are taken care of and that you fully understand what the process entails. 

We understand how difficult a divorce can be, which is why we want to be there to help you with it. When you want to learn more about our services, you can schedule a legal consultation where you can ask any questions you might have before you file for a divorce. If you are preparing for a divorce and you would like to retain our services, contact one of our New Jersey family law attorneys at our practice in Cherry Hill by calling us at (856) 489-6200.