Pros Of Divorce Mediation In New Jersey
There are many advantages that a couple will find when they choose to go through divorce mediation to settle their differences as opposed to going to court. When a couple decides to take their dispute before a judge, they are going to have to spend a significant amount of money on legal fees with both sides hiring attorneys. The price of using one of our NJ Mediation Lawyers will be substantially lower than what it would eventually cost both sides to pay two attorneys in a contested divorce.
The amount of time it will take to mediate a divorce settlement is markedly less than the amount of time it will take to find attorneys, go through the court process and wait as the couple's assets are sifted through, decisions are made as to which parent would be preferable to have custody of children, and waiting for the conclusions to be made by a judge. With mediation, there is motivation on the part of both parties to get all of the issues settled, therefore it is more likely that the parties will be agreeable in trying to come to a divorce settlement without having to go to court. Mediation is a non-adversarial way to finalize your divorce.
A couple that is trying to settle their divorce through mediation will remain in control of the outcome. Whereas a divorce that is litigated in court would be subject to the decisions of the judge and would have an adversarial atmosphere with the opposition, a mediation is an attempt to be reasonable and divide the assets of the marriage equitably. In addition, the mediation agreement must be signed by both parties. If the terms are not satisfactory to either side, they can continue negotiating or decide to go forward with taking the case to court at a later date.
The decision to go to court is an important part of the mediation process. If the sides try to agree on a settlement but cannot do so, there is the option of taking the case to court. This can also be used as motivation for both sides to be more flexible in the negotiations during mediation because if they chose to go to mediation in the first place, it is unlikely that they want to have to take the matter to court. If they are serious about mediation, it is unlikely that there will be litigated court-related proceedings.
Cons Of Divorce Mediation In Ocean County
Divorce mediation is only effective if both sides are truly interested in coming to an agreement to end the marriage and avoid going to court. If one or both sides begin the mediation process and are unwilling to come to reasonable concessions on issues in the marriage, then the mediation may not be successful. The cost of mediation is not refundable if it fails, so a couple that takes the time to go into mediation should be motivated to finalize the divorce without it having to go to court. Mediation is a bad idea if both sides are not invested in coming to a settlement.
Not all mediators are competent. As human beings, mediators might be affected by the circumstances of the case. They are supposed to be unbiased and neutral. An inexperienced mediator might not know all aspects of divorce law and could possibly fail to complete the agreement correctly or make other mistakes. A good record and reputation in mediation is important when selecting a mediator to negotiate a divorce. If you happen to encounter a subpar mediator, it could be very costly and destructive toward solving the disputed issues.
Contact Our Qualified NJ Mediation Lawyers
Divorce mediation can be an economical alternative for people who are divorcing but do not want to go through the difficult and costly endeavor in court. It is imperative to understand the process of mediation and its pros and cons before deciding to take the mediation route. If you or a loved one are considering divorce mediation in Ocean County, Monmouth County or anywhere else in New Jersey, it is wise to speak to one of our qualified NJ Mediation Lawyers at the Law Firm of Villani & DeLuca, P.C. in Point Pleasant Beach, New Jersey. Managing Partner Vincent C. De Luca has over 23 years of experience in divorce mediation. Mr. De Luca has successfully mediated hundreds of divorce cases. The Ocean County Divorce Mediation Lawyers at Villani & DeLuca, P.C. have all resided in the shore area and are intimately familiar with the divorce process in Brick Township. A divorce proceeding does not have to be a war of the roses. Divorce Mediation is a preferred method of resolving your marital differences. Should you have any questions relative to the divorce mediation process in either Brick Township or Ocean County please fee free to contact Villani & DeLuca, P.C. today.