Mediation gives divorcing spouses the opportunity to discuss their problems and agree on resolutions face to face. In the mediation setting, both parties sit at a table and negotiate their own divorce agreement with the help of a New Jersey divorce mediator. The mediator is a neutral third party who is simply there to facilitate the discussion and offer ideas and suggestions, but the couple hammers out their own deal.
In other divorce forums, divorcing spouses often communicate with each other through their lawyers. This four-way conversation can take time, which in the divorce business is money. So in an ideal world, you want to speak directly with your spouse.
But not everyone lives in an ideal world. If you or your spouse cannot communicate clearly or effectively, or if one holds all the power in the relationship, it may be better to speak through lawyers. After all, poor communications is what leads many couples to divorce in the first place.
If you embark on a mediation track, the following are signs that things are not going well:
If any of these red flags go up, you should consider abandoning mediation and have your day in court. You do not have to fear that the things you said during mediation will come back to haunt you. This is because an agreement signed at the start of mediation bars the mediator’s notes or testimony from being subpoenaed for court. So anything you said you would agree to in mediation cannot be brought up in court because you are getting a fresh start.
Also, if your spouse failed to disclose important information relevant to the mediation process, the agreement you signed could be found to be null and void by law.
At Adinolfi & Packman, P.A., our highly credentialed divorce lawyers leverage their extensive experience to give you valuable insight into the challenges and strengths of your case. We advise you on whether traditional litigation, arbitration, or mediation is the best fit for your particular circumstances, and provide you with outstanding representation whichever strategy you choose.
If you are looking for a qualified, experienced New Jersey divorce lawyer, please call Cheryl Betten, the Firm Administrator for the Haddonfield, NJ offices of Adinolfi & Packman, P.A., at 856-428-8334 ext. 258, or use our online contact form to schedule your initial consultation to discuss your immediate legal needs in a personal and confidential setting.
Robert J. Adinolfi, Esquire, has been a New Jersey Family Law attorney for 35 years. He is founding Partner and Shareholder of Adinolfi & Packman, P.A. He was recently named one of the “Ten Leaders of Matrimonial and Divorce Law of Southern New Jersey” for 2012 by Digital Press International.