Getting divorced can be emotionally draining, but it can be especially difficult when the two parties cannot see eye to eye. Fortunately, mediation is available to help such parties. Mediation is one method of alternative dispute resolution of which individuals going through divorce in New Jersey can take advantage.
With mediation, there is a neutral third party who works with the couple going through divorce. However, the mediator does not take part in decision-making. This makes mediation different from arbitration -- another alternative dispute resolution process that resembles trial.
Mediation is also different from litigation, where the neutral third party -- or, the judge -- imposes decisions over the two parties' matters. With mediation, the mediator and the two parties have full control over the process. For instance, they can decide where and when to do the mediation, who will be there, how the cost of the mediation process will be covered and how the parties will interact with the mediator.
Through mediation, two people in the state of New Jersey who are getting divorced can work in an amicable manner to reach a settlement that satisfies both sides. This process can be less costly, less time-consuming and less stressful than divorce litigation. It can also help two people who will be co-parents in the future to practice working out their differences to achieve a common aim. However, a judge may have to get involved if the couple cannot find common ground when dealing with matters such as the distribution of assets and child custody.
Source: findlaw.com, "What is Mediation?", Accessed on Jan. 10, 2017