One of the biggest benefits of mediation is that both parties have control over the final outcome of their divorce case. The mediator is there to facilitate decision-making, not to make the actual decisions for you and your family. Because you retain control of what goes into the final divorce agreement, it is much more likely that the final order will be followed by all parties.
While the mediator will provide you with general guidelines, that legal advice will not be specific to either spouse but will instead be impartial to both. In other words, a mediator cannot give you specific legal advice. But a consulting attorney can.
Even if your divorce is an amicable one, there are bound to be issues that arise where you wonder what the best course of action will be for your future and that of your family. Having your own attorney to consult with you on these issues and coach you through the negotiations will help you make informed decisions as well as move the mediation process along more smoothly.
The first thing your attorney can do to help you through mediation is to educate you on the process. Being prepared beforehand will help you feel more in control. Setting a clear strategy with your attorney for the outcome you hope to achieve will help keep you on track during negotiations.
You will also need to fully understand the legal ramifications of the decisions being made by you and your spouse during mediation. Your attorney can ensure you know your legal rights and can help you protect them by talking through the negotiating points as you go through the mediation process.
Once the mediation process has been completed and you have reached a final agreement on all the issues in your divorce, everything must be finalized in a written agreement for the court. This agreement is, in fact, a legal contract between you and your ex that will govern your legal rights and responsibilities for many years.
It is imperative that you do not sign any agreement without a thorough understanding of all the provisions that were hammered out during mediation. To avoid costly mistakes or misunderstandings, you should go over your final agreement in detail with your attorney to ensure everything you and your spouse agreed on is correctly recorded in the agreement.
You can prepare to civilly resolve your divorce, heal, and move on with your life with a legal team that has helped individuals all over New Jersey to heal and prosper. Contact us today for your free consultation.