Choosing divorce mediation is a good choice to avoid adversaries while addressing concerns fairly. Not only can this option lower stress, but it can also be more affordable than litigation.
While a mediator facilitates discussions with your partner, it can be risky to heavily rely on them to look out for you. Here is what you need to know about the fine line between neutral mediation and protecting your own rights under New Jersey law.
A mediator is simply a bridge between you and your spouse
In New Jersey, court-approved mediation requires a mediator who strictly acts as a neutral third party. Their job is to lower tension during tough negotiations, aiming for you and your spouse to reach a voluntary agreement.
This individual may or may not be a licensed family law attorney. Even if they are, they cannot provide either party with legal advice. Instead, they focus on finding a middle ground.
3 reasons a family law attorney can be your advocate
When going through mediation discussions, it is advisable to have an attorney by your side. They can:
- Review the current terms of the negotiation
- Negotiate for fair outcomes on your behalf
- Offer advice regarding your concerns
Once mediation concludes, your lawyer will review the non-binding Memorandum of Understanding (MOU) and transform its terms into a legally binding Marital Settlement Agreement (MSA) necessary to finalize your divorce in court.
Using legal guidance in securing your future
Mediation is a fantastic tool, but it works best when you are fully informed. Having an independent lawyer ensures that your emotional willingness to compromise does not lead to a financially devastating mistake.