Mediation is a good way to handle a custody dispute, but it may not be the best method for everyone. Our Morristown divorce mediation lawyers can take a closer look at your situation and figure out which types of negotiations could lead to the best outcome for you. If you are unfamiliar with what a mediator does or how this process goes, this is what you need to know.
How Do You Work With a Mediator?
In a mediation session, you and your spouse sit down with a neutral third party who wants to help you come to an agreement on important issues related to your marriage and divorce. Child custody is one topic to focus on, but mediation can also be used to address finances, property distribution, or postnuptial agreements.
Your mediator is there to help you work through each topic and they can also help you stay on task. Communicating with your spouse during a divorce can sometimes be quite difficult, especially if they are intent on getting under your skin. The mediator is trained to deal with this kind of thing, so you should still be able to make some progress when your spouse is being obstinate.
What Are Some Advantages of Working on Custody Disputes With a Mediator?
This method of negotiation has a few potential advantages over litigation, or going to court. Mediation can be:
Less expensive: Going to court to solve problems can end up getting quite expensive. Mediation can be less expensive for a few reasons, but one key reason is that it can often take less time than litigation would. If you and your spouse can come together and negotiate in good faith, you can deal with some important issues more quickly than you might expect.
Less stressful: When you are in court, you and your spouse are being pitted against each other. Such an environment can be quite stressful. When you are dealing with a mediator, you are in a collaborative environment and you and your spouse do not need to act like enemies.
Good practice for communicating after divorce: Communicating with an ex can be difficult, but spending time in mediation can actually help you lay the groundwork for how post-divorce communications will go. This is better for you and your children.
When Would Litigation Be a Better Option?
In some cases, mediation is just not a good option for a couple. If there is a big power imbalance between the couple or there has been a history of domestic abuse, litigation might be preferred so that both parties can have an attorney representing them and their interests. Mediation can also fail unless both spouses are cooperative and patient. If couples cannot come together to negotiate, there is no way to force it.
Schedule a Consultation Today
If you are going through a divorce, know that you do not have to do it all on your own. Contact Townsend, Tomaio & Newmark and talk to our compassionate family law attorneys. We are ready to help you negotiate and fight for the best possible outcomes for you and your family.
