There are a few different ways for divorcing couples to come to an agreement on matters relating to their marriage and its dissolution, but can you be forced to try specific methods of conflict resolution? You can in New Jersey. When you ask a judge to settle things for you, they might instead order you to try mandatory mediation sessions. Our Morris County, NJ divorce lawyers can tell you more about how this works.
Can the Judge Ask You to Attend Mandatory Mediation Sessions?
When you go to a judge and ask them to solve your problems for you, they might not oblige you right away. Instead, the court can ask you and your spouse to go into mandatory mediation sessions. You and your spouse will work with a trained mediator, someone who can act as a neutral third party, and try to hash out all of your issues.
By the time you have gone through all of your mandatory mediation sessions, you may not need the court to weigh in. You can simply show the judge your agreement and have them sign off on it. If mediation is successful, it can take less time and cost far less money than litigation would.
What Kinds of Topics Can Be Negotiated in Mandatory Mediation Sessions?
You can discuss all sorts of topics in your mandatory mediation sessions. You and your spouse can work together to come to an agreement on matters like:
- The division of property and assets
- Child custody and visitation
- Child support
- Alimony
It’s easy for discussions around these issues to get heated. The goal of mediation is to bring down the temperature and have both parties collaborate instead of compete. If you and your spouse take these sessions seriously, you may be surprised at what you can accomplish.
What Happens if the Mandatory Mediation Sessions Do Not Work?
Unfortunately, mediation is not for everyone. If you and your spouse genuinely cannot make progress, you can go back to the court and explain this. As long as both of you acted in good faith, a judge should accept your explanation.
Mediation sessions can also fail when there is a big power imbalance or abuse. If a mediator cannot overcome these issues during your sessions, then they will be stopped and alternate methods of dispute resolution will be considered.
Do I Need a Lawyer?
You cannot bring a lawyer into your mandator mediation sessions. However, you can have an attorney look over any agreement you meet in these sessions before you sign off on it. We do recommend that you at least consult an attorney before agreeing to bring a mediation agreement to the courts.
Contact Our Legal Team
So if you are going through a divorce and need help negotiating, contact Townsend, Tomaio & Newmark. We will help you fight for a fair agreement.
