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What Happens During Mediation & Why You Should Hire an Attorney

Mediation is one of the most commonly used methods of negotiation during a divorce settlement and can have the most influence on the outcome of the divorce. Below you’ll find a guide on what happens during mediation, as well as what hiring an experienced attorney can do for you during the process.

What is Mediation?

Mediation is when you and your spouse both hire your own respective attorneys while also hiring a neutral third party to help facilitate the process. This mediator does not make any final decisions but instead helps you and your spouse figure out the best decisions.

Benefits of mediation include:

  • Most end in a settlement of all the issue of the divorce
  • They are much less expensive than a court trial or series of hearings
  • It is confidential with no public record being kept
  • You are still allowed to have an attorney present
  • You and your spouse control the process, not a court

The process usually begins with both parties speaking with the mediator over the phone to provide background information on your marriage, family, or other issues. Then you will attend the first meeting where the mediator will explain the process further to show you what to expect.

Once negotiations begin, the mediator will help you stay on track, and encourage you and your spouse to express your positions, opinions, and reservations about a variety of subjects.

Once negotiations are completed, the mediator or one of your attorneys will write an agreement for things like a parenting schedule or parenting plan. These documents will also be a part of the rest of your divorce paperwork and judgment and can become enforceable by a court if they are violated.

The Benefits of an Attorney During Mediation

Having a seasoned divorce attorney present during mediation can be a massive help. If you believe you are unable to represent yourself clearly or are afraid to stand up for yourself alone, an attorney can help do that for you.

Speaking with your attorney beforehand can also help to better communicate what you need from the divorce proceedings and find out what is truly fair for you.

Contact our New Jersey Team Today

At Burnham Douglass, we have an in-depth understanding of divorce law and the compassionate approach you’re looking for to help you succeed in your endeavors. Going through a divorce is tough on its own, but going through it alone is even more difficult.

If you or a loved one is going through a divorce and are looking for the right team to help fight for your rights and needs, don’t hesitate to contact us today through our website, or give us a call at (856) 512-1461!

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