How is mediation different than litigation?

In New Jersey when a couple is considering divorce, there are a number of different methods they can choose from. No two marriages are the same and therefore, no two divorces are exactly the same either. Sometimes, the couple will have a completely uncontested divorce where they go into the whole process knowing and agreeing on exactly what is going to happen. Many times, there are a few contested issues that still need to be addressed. Depending on how amicable the couple is willing to be towards each other and their willingness to communicate, that should be able to help them determine whether they would benefit more from a litigated divorce or a mediation divorce.

If a couple is not willing to communicate and both sides are being stubborn in their wishes without any chance of resolving issues through alternative dispute resolution, they may be better off having a litigated divorce. In litigated divorces, the judge will make decisions on behalf of the couple using the information they have been provided with. These are often lengthy, emotional, and expensive. They do not allow the couple to decide what they want for themselves. That being said, sometimes it is the only way.

Mediated divorces allow a couple to avoid the judge and the courtroom. The couple and their attorneys will sit with an experienced mediator to talk through issues and come to an amicable conclusion. These are often quicker and less expensive.

If you have questions about divorce options, contact us today.

For strong legal representation from an experienced personal injury, bankruptcy, workers’ compensation, criminal defense, or family law attorney, contact Underwood & Micklin and we would be happy to schedule a consultation to discuss your matter.