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divorce mediation

Is divorce mediation always appropriate in New Jersey?

Divorce has become more socially acceptable in today’s society, which in turn has encouraged more couples to end their unhappy marriages. When deciding to dissolve your marriage, you may consider several divorce routes to terminate the union. An alternative option to litigation that can save couples time and money is mediation. Divorce mediation has numerous benefits that allow a couple to reach a mutual agreement on the terms that will apply to the termination of their marriage. However, despite the various benefits of this process, it isn’t always appropriate for particular couples. If a divorce is imminent, contact our seasoned legal team to learn about Ocean County Divorce Mediation Services. Please continue reading to learn when divorce mediation is inappropriate in New Jersey.

When is divorce mediation not possible in New Jersey?

In New Jersey, the court may order you and your spouse to undergo mediation. Through mediation, opposing parties will work with a neutral third-party mediator to resolve their contested issues. Mediation aims to help divorcing couples reach a mutually beneficial divorce agreement or settlement without litigation. With mediation, couples maintain control over the terms that will apply to the termination of their marriage. Choosing mediation as a method for divorce comes with various benefits since it allows couples to resolve their disputes speedily and cost-effectively. However, as mentioned above, divorce mediation is sometimes not possible.

Firstly, if you or your spouse refuses to cooperate or negotiate, you cannot reach a fair agreement. With mediation, both parties must be willing to compromise and can articulate their needs. Divorce mediation will fail if the couples cannot speak openly and collaborate to resolve their disputed issues. Mediation is not appropriate if there is a clear power imbalance between spouses. When there is a power imbalance, bargaining for a fair settlement will be impossible. One spouse may be easily bullied or intimidated into agreeing with their spouse as they fear retaliation if they do not. This means one party won’t be able to speak their mind, which does not allow for a fair agreement. This is often the case when there is a history of domestic violence or abuse.

If you have been the victim of domestic or sexual abuse, or there is a considerable power imbalance within your marriage, you must inform your attorney so they can take the necessary steps to protect your interests. For more information on when divorce mediation is inappropriate, contact the Law Office of Sarina Gianna, LLC, to discuss other potential divorce routes better suited to your needs. Allow our firm to represent your interests today to maximize your chances of reaching a favorable outcome.