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Is Mediation a Confidential Process in NJ?
As alternatives to litigation-based divorce gain more traction in New Jersey, many couples are engaging in mediation to resolve their legal disputes. Unfortunately, many are under the assumption that their divorce will inevitably be a contentious battle that drags on in court. However, if you and your spouse are willing to take the necessary steps to reach a mutually satisfactory agreement on the terms that will apply to the termination of your marriage, you can choose to undergo the confidential process of divorce mediation. If you need a mediator, consider enlisting the help of our Ocean County Divorce Mediation Services, as our firm is ready to work with both parties to resolve your disputed issues. Please continue reading to learn more about what you can expect during this process.
How Does Mediation Work?
Mediation is an alternative dispute resolution method in which you and your spouse meet with a neutral third party in an informal setting to resolve unaddressed marital issues. During mediation sessions, the mediator will facilitate negotiations. They will not represent either side or express any biased opinions on divorce matters. Their role is simply to encourage constructive dialogue and propose compromises on certain matters to ensure a just outcome.
This alternative dispute-resolution method is a good option for those who can communicate openly and amicably, are willing to compromise, trust each other to disclose financial information, and have relatively straightforward issues with no major power imbalances. Unfortunately, mediation is not suitable for every couple. This divorce route is not appropriate for couples with an imbalance of power. For example, if one spouse is the victim of domestic abuse, they may be too afraid to speak freely during mediation sessions. For mediation to be successful, it must be confused on a level playing field to ensure a fair outcome for both parties.
Is Everything Discussed in Mediation Kept Confidential?
When you are dissolving your marriage, you may worry that your dirty laundry will be aired out. If you litigate an issue before a judge, everything you say and information relevant to your case will become public record. This means that anyone can access sensitive information about your divorce. One of the primary reasons couples turn to mediation is because it’s an entirely confidential process. The mediator is not permitted to disclose any information shared during your sessions, with very few exceptions. For instance, they may disclose the information if there are any reports of child abuse or neglect.
As you can see, there are numerous benefits to this private process, which is you and your spouse should consider this divorce route to avoid the pitfalls of litigation, including the cost, time spent, and the emotional toll. Connect with the Law Office of Sarina Gianna, LLC for a consultation to discuss whether this is the right avenue for your situation.
