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When is mediation mandatory?

On Behalf of | Feb 24, 2021 | Divorce Alternative Dispute Resolution |

When you get divorced in New Jersey, you have the option of going to divorce court or trying to resolve your issues through mediation. In certain situations, mediation isn’t just an option: It’s mandatory. The court might rule that you have to undergo mediation with your spouse to save time and court fees.

When is mediation mandatory?

Even after a judge has made their final ruling on a child custody case, the parents might continue to argue about parenting time. Sometimes, this can become another family law case in itself. Instead of getting a judge to intervene, the court might rule that the parents have to resolve their differences through mediation. This can allow parents to figure out a parenting plan without dealing with a court battle.

Mediation might also be mandatory if the couple can’t agree on financial issues. A mediation attorney may help both parties divide up their assets and walk away with a fair share. This is usually the last opportunity that the couple has to settle their divorce out of court. If mediation doesn’t work, they’ll have to go to trial after all. However, mediation has helped a large percentage of couples resolve their differences.

Do you have to go through mediation?

If the court has ruled that you must go through mediation, you might find yourself wishing that you could just go to divorce court for a judge’s ruling and get it over with. Mediation might seem unpleasant at first, but it’s often much better for divorcing couples in the long run.

Mediation can resolve the majority of divorce-related disputes, including arguments over parenting time and property division. If you go through mediation, you can avoid paying court fees and hiring an attorney for months on end. You may be able to walk away from your divorce feeling like you’re ready for a fresh start instead of feeling stressed and defeated.



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