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There can be a considerable amount of confusion surrounding various aspects of a New Jersey marriage dissolution case. This is particularly true of procedures and practices that can be associated with a divorce case that are of somewhat more recent origin. For example, there are a number of myths associated with New Jersey divorce mediation:
The most prevalent misconception or myth about New Jersey divorce mediation is that a mediator is in something of a position of a judge. In other words, people wrongly believe that a mediator makes decisions for a divorcing couple based on the information presented to the mediator. A mediator has specialized training to assist a divorcing couple in working through issues.
There is a type of alternative dispute resolution in which the individual that oversees the process does make decisions for parties. This is known as arbitration.
Unlike an arbitrator, a mediator does not make decisions in a mediation. Rather, a mediator provides tools and resources that facilitate a process by which parties to a divorce work to resolve issues in their case.
Mediation is Expensive for a Divorcing CoupleAnother of the more commonplace myths surrounding divorce mediation is that it is a costly process for a divorcing couple. People certainly want to contain the costs associated with divorce, if at all possible. The reality is that in case after case, couples who avail themselves of mediation to resolve issues in their case end up saving money rather than spending more of it.
Mediation itself is a generally reasonably priced process. Because a successful mediation can result in a settled resolution of a marriage dissolution case, a trial and other related proceedings can be avoided on the pathway to concluding a case. Therefore, less money is spent on attorney fees.
Mediation expenses are paid in a number of different ways, including splitting the costs between parties to a divorce. In some cases, one party agrees to pay the costs of mediation. A court can order the manner in which mediation is paid as well.
New Jersey Divorce Mediation is a Time-Consuming ProcessYet another of the recurring misconceptions about marriage dissolution mediation is that it is a time-consuming process. This myth centers on the idea that a divorce case is prolonged as a result of mediation.
In fact, the exact opposite is the case. Mediation has the potential for speeding up the resolution of a divorce case. Through mediation, a couple is able to reach a settlement of issues in their divorce case.
Even if a mediation fails to produce a settlement, a divorce case is not unnecessarily extended. An “unsuccessful” mediation usually amounts of the expenditure of a matter of several hours and does not contribute a great deal of time to the overall marriage dissolution process.
Mediation Takes the Place of Hiring a New Jersey Divorce LawyerFinally, one of the more prevalent myths about divorce mediation is that it takes the place of the need for a New Jersey divorce attorney. The truth is that while mediation can be helpful in working to resolve a case, it simply does not take the place of an attorney.
The bottom line is that a person seeking a divorce best protects his or her legal interests by retaining the services of an experienced New Jersey divorce lawyer. Indeed, although a lawyer does not attend a mediation session, legal counsel can assist a party to a divorce in preparing for the process.
Your Legal Rights in a New Jersey Marriage Dissolution CaseIf you are contemplating ending your marriage or if marriage dissolution proceedings have commenced, you need to give serious thought to retaining the services of a skilled, qualified divorce lawyer. This is the case even if you have thoughts of using New Jersey divorce mediation to attempt to resolve issues in your case. You can schedule an initial consultation with an experienced, committed divorce lawyer by calling the Law Offices of Peter Van Aulen at 201-845-7400.