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Are Agreements Made in Mediation Legally Binding in NJ?
If you and your spouse are seeking a divorce in New Jersey, one avenue you may consider is mediation. This alternative to litigation involves a more cooperative and peaceful process. However, before entering into a situation where you will be using a mediator, you must carefully consider whether this is the right option. If you are looking for a mediator, it’s in your best interest to consult a determined Ocean County Divorce Mediator who can help facilitate constructive negotiation. Please continue reading to learn if an agreement made in mediation is legally binding.
What is Mediation?
Mediation is a form of alternative dispute resolution (ADR) in which conflicting parties settle their legal disputes. This process may be voluntary or sanctioned by the court. During mediation, a neutral third party guides the parties toward a resolution to reach a divorce settlement. Many people choose to undergo mediation as an alternative to litigation.
This process is structured as private, meaning any information revealed in sessions will remain confidential. If you settle in court, the proceedings will become public record once the divorce is finalized. Another benefit to mediation is that it can often be resolved much faster and at a lower cost than if you settle your case in court. Furthermore, it provides couples with more control over the terms that will apply to the termination of their marriage. Instead of having a judge who is unfamiliar with your circumstances make a decision, you will be able to decide these matters. This will maximize your chances of achieving a favorable outcome.
Are the Terms Legally Binding?
As mentioned above, mediation can help resolve divorce issues. It’s a common misconception that agreements made in mediation are not legally binding. However, that’s not necessarily the case. A mediation agreement is a legal document that outlines the terms that will apply to the termination of the marriage. A mediation agreement is not legally binding unless the parties involved sign the written contract. Once signed, it must be sent to the court for approval. If the court deems it fair, the agreement becomes an enforceable contract. This means if one party fails to comply with the terms of the agreement, the other party can take action.
At the Law Office of Sarina Gianna, LLC, we can help you decide whether mediation suits your situation. If you need a mediator in New Jersey, please don’t hesitate to contact an experienced member of our legal team to discuss your legal matter and explore the practicality of divorce mediation.
