Divorce is an emotional process, often causing the parties stress, anxiety and fear. With mediation, the goal is to alleviate this negativity by encouraging the parties to take control of their divorce by working together towards an agreement that leaves everyone satisfied. Divorce mediation tends to be more affordable and less time-consuming than litigation because it eliminates the typical back and forth by attorneys. The parties sit down together to identify their problems and look for practical solutions. The number and length of the mediation sessions is dependent upon the complexity of the issues involved and the willingness of the parties to focus on shared goals, rather than old wounds.
An Overview of the Divorce Mediation Process in Ocean County
At the first session, the mediator will gather facts about the clients in order to identify the problems that exist and begin developing options to solve them. It is important for the clients to understand that the mediator will be acting as a neutral third party. He or she will not be taking sides or offering legal advice. The parties may be asked to complete a Case Information Statement at this time, and detail their monthly expenses. This will enable the mediator to create an accurate picture of the parties' financials.
In the next few sessions, the mediator will discuss the issues central to the divorce. Some common issues include child support, alimony, equitable distribution, childcare, college education, health insurance, taxes, and dispute resolution. The parties can save time by making some preliminary decisions on these matters outside of mediation.
Once the parties have reached an agreement on all relevant issues, the mediator will prepare the Memorandum of Understanding (MOU). The parties will take the MOU to their attorneys for review. If there are problems with the MOU, the mediator may schedule additional sessions until everyone is satisfied with the agreement.
YOU Control Your Mediation
With litigation, the attorneys determine the duration of the divorce proceedings. With mediation, the parties are responsible for how long the process takes. You can choose to meet for a few long sessions over several days, or a number of shorter sessions spread over a period of weeks. Parties that are able to quickly define their problems and generate different options for solving their problems will require fewer sessions overall than parties that are unable to agree on their issues and potential solutions. Generally, mediation takes less than twelve hours. Parties can reduce the time spent in mediation by doing work outside the sessions, such as collecting important information, and sharing and discussing it.
The Family Law Attorneys at Villani & DeLuca, P.C.
At Villani & DeLuca, P.C., our attorneys have over twenty years of combined experience in family law. If you are considering mediation as an option, we can offer you a free consultation to discuss the process. You can meet your mediator, ask questions, and learn about the benefits and drawbacks of mediation so that you can decide if it is the right route for you. One of the many advantages to mediation is confidentiality. The issues discussed at our offices remain private, so that you and your spouse emerge from the divorce without having your personal lives made public in court. Additionally, the cooperative environment mediation fosters relieves some of the stress of the divorce, and is particularly beneficial to families with children.