Does New Jersey Have Mandatory Mediation Sessions?
When you are getting a divorce and trying to come to an agreement on important matters with your spouse, there are multiple ways to solve your disputes. If you want to go through the courts, that’s fine, but you should know that a family court in New Jersey can order a couple to go into mandatory mediation sessions first. If you’re unfamiliar with this method of conflict resolution, our divorce mediation attorneys near you in Morristown may be able to help.
Can a Judge Assign Mandatory Mediation Sessions?
Yes, if you go to court the judge can decide that you and your spouse should try mediation first. At these mandatory mediation sessions you would sit down with a neutral third party, usually a lawyer who is trained for this kind of thing. Then you can try to work out a divorce agreement.
What Are the Potential Benefits of These Mandatory Mediation Sessions?
These mandatory mediation sessions end up working out well for some couples. The environment is more relaxed and less stressful. Litigation feels like a competition, but mediation is more about coming together to solve a problem.
If mediation works for you and your spouse, you could have an agreement drawn up faster than you expected. Then this document, called a “Memorandum of Understanding,” can be approved by a judge. This method of dispute resolution could end up taking less time and costing far less money than going to court would have.
What Can Be Discussed During Your Mandatory Mediation Sessions?
Your mandatory mediation sessions can cover all sorts of topics. You should try to come to an agreement on topics like:
- Division of assets and debts
- Alimony
- Child custody and visitation
- Child support
These can be tough issues to tackle, but your mediator will do their best to keep you focused and on the right track. Hopefully you and your spouse can reach common ground.
When Can We Go Back to Court?
When you have your Memorandum of Understanding, or MOU, you can go to court and ask the judge to approve the agreement that you and your spouse have reached. You should reach out to your own lawyer before finalizing any deal though.
What happens if mandatory mediation sessions do not work? You can go back to court and try to solve things through litigation if this is the case. However, you do have to show that both of you tried to make mediation work. The judge may take issue if one or both of you did not approach the process in good faith.
Schedule Your Consultation With Our Family Lawyers
Whether you are thinking about talking to a mediator or you need representation of your own, contact Lazor Rantas, PC. Our experienced family lawyers can help you fight for a fair divorce agreement that keeps your best interests in mind.
