During the mediation process, spouses have the option to end the process at any time. Although mediation can be a great way to work through marital issues instead of entering into litigation, it requires a lot of cooperation. Both spouses need to cooperate in the process to make decisions regarding child support, child custody, alimony and more. Since these are important decisions, they can be difficult to decide on with a spouse that you are intending to divorce. Spouses may be unable to work together due to the emotional turmoil involved in the divorce. However, they may stop the mediation process at any time.
When mediation is stopped by one spouse, it may cause a contested divorce. This could cause the couple to enter into litigation where a judge will decide on their issues. Due to this, they will not have as much control in the court proceedings. Mediation may not be for everyone due to the civil conversation toward a final outcome. However, mediation can provide spouses with control over aspects of their divorce that they would not have in court.
Why is mediation seen as more beneficial than court?
Court proceedings can cause turmoil in a family. In court, spouses may battle for custody of their children or ownership of certain possessions. A judge will make decisions regarding these matters. When parents present their case to the judge, they may speak negatively about one another. This can lead to more tension between the two adults. With this in place, it can be hard for them to work together later on when the child custody arrangement is established.
In court, families are not given privacy. During mediation, the two spouses, along with their attorneys, can work privately toward a conclusion. This can give them the opportunity to speak more truthfully and can present a better way to resolve issues. They will not be in the atmosphere of court proceedings that can cause drama. Through this alternative, parents can also present a good example for their children. Their children will not have to see them battle it out in court or be involved in the matter. Instead, the parents can show that they are working together to put the best interests of the child first.
Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. If you need a divorce and family law attorney in Ocean County, New Jersey, contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.