In divorce mediation, the soon-to-be ex-spouses mutually appoint a divorce and family mediator. Each mediator has their own approach. The mediator may or may not meet with the parties separately. Mediators also vary in how much guidance they are provide or the extent to which they endeavor to persuade parties to see things differently. In every instance, however, a reputable divorce mediator is neutral and impartial and leaves behind any implicit biases they may have. The goal of divorce and family mediation is always to allow the parties to reach their own agreement.
Regardless of the mediator’s style, the mediator will guides the parties through the issues that need to be resolved in the divorce process (or in connection with the family dispute at hand). The family mediator listens to both sides, and assists the other party in considering the viewpoint of each spouse. One of the most important aspects of the divorce mediator’s role is to ensure that personal conflicts do not derail the process. Divorce and family mediators are specially trained to help quell conflict so that parties who might have trouble communicating constructively can have productive discussions. Divorce mediation helps in reducing animosity between the parties, which is particularly important when children are involved or the parties have an ongoing family relationship.
The divorce mediator will work with other professionals to ensure that the parties have the information that they need to evaluate to reach an agreement. These parties may include appraisers, mental health professionals, parenting coordinators, financial advisors and others. Importantly, the parties are well advised to have attorneys to provide advice on the settlement. The mediator represents neither party (not both parties as some people mistakenly think). A review attorney can advise their client on whether the proposed resolution is acceptable and what the result may have been in litigation.
The parties themselves decide the outcome of their case with the input of their professionals. A New Jersey divorce mediation can yield a customized settlement that is mutually acceptable and fair to both parties. The issues that can be resolved through divorce mediation or family mediation in New Jersey include, without limitation :