Does a mediator make decisions in mediation sessions?

Before divorces can be completed, decisions on marital issues need to be made. Whether these decisions are done in mediation or litigation, they will need to be followed. Spouses have to adhere to the court-mandated agreements. Mediation is a process that encourages spouses to work together to make decisions for marital issues. A mediator is present during their sessions. However, this mediator does not have control over their decisions. The mediator is a neutral third party that helps to ensure the conversation is productive. During these sessions, spouses are also able to bring their attorneys to ease their mind as they face legal worries. Mediators do not decide on issues since that is not part of their job. Their title is to act as a resource instead.

Why is mediation seen as beneficial?

Through mediation sessions, spouses are able to act respectfully toward one another and hold on to that respect throughout the divorce process. This can be beneficial if they have to continue to co-parent after their divorce. By avoiding litigation, the spouses may be able to avoid drama and arguments with one another that can arise in court. If these couples have children together, their children can witness a working relationship between their parents and not be worried about the future of their parentsโ€™ divorce. Instead of seeing their parents fight over important issues, the children can witness their parents set a good example of how to act, which can show them how to act with their siblings and others. By maintaining a healthy relationship with their former spouse, it can help to make a more efficient child custody arrangement.

Since mediation does not take place in litigation, it allows for more privacy for the spouses. With more privacy, they may be more open about their issues and how to resolve them. Their cooperation is important to this process. If they both want to be involved in the decision-making, they may be more cooperative to avoid court. In court, a judge will be making the decisions for the couple. This can be a nerve-wracking concept since spouses will not have control in a court setting. Due to this, spouses may be able to reach a more favorable outcome during mediation sessions. Instead of having someone else decide on matters for them, they will have more control over their resolutions. This may provide them with a more satisfied feeling regarding child custody, support, alimony and more. During mediation, couples can take as much time as they need. It is done at their own pace. Since litigation can be time-consuming, it may cause it to be more costly due to attorney fees. With mediation, spouses have the opportunity to save money and time.

If you require strong legal representation for matters related to divorce or family law, Haber Silver & Simpson is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.