You may have heard once before that alternate divorce resolutions, such as mediation, are the preferred path. However, every divorcing couple is different, with varying relationships histories and needs in the final settlement agreement. This is to say that attending mediation sessions may not be the ideal option for you and your divorcing spouse. Follow along to find out the cons of mediation sessions and how a proficient Morristown uncontested divorce lawyer at Graves Andrews, LLC can help if you are unwilling to participate.
Are there cons to divorce mediation sessions?
There are many notable benefits to mediation sessions, such as cost-effectiveness and time efficiency. But they may be equally coupled with certain drawbacks, and they read as follows:
- A mediator may act as a neutral third party when you and your divorcing spouse require more legal advisement and intervention.
- You and your divorcing spouse may have different personalities (i.e., timid versus aggressive) that lend to power imbalances in your negotiations.
- You and your divorcing spouse may have to start all over in litigated divorce proceedings if this ultimately does not work out.
What should I do if I am unwilling to attend these mediation sessions?
If you believe that there are too many drawbacks to justify your attendance at mediation sessions, you may want to have an open and honest conversation with your divorcing spouse. Here, you may suggest trying another uncontested divorce method instead, such as a collaborative divorce. Here, you may each hire your respective attorneys who may shoulder the negotiations on certain contested divorce-related terms (i.e., alimony, child support, child custody, and property division). What’s more, your respective attorneys may hire other professionals (i.e., financial planners, child psychiatrists, and mental health professionals) to step in and help facilitate the negotiations.
But if your divorcing spouse insists on following through with your mediation sessions, remember this is voluntary. Meaning, they cannot force your attendance. Rather, you may ask your mediator to report to the New Jersey family court that a settlement agreement could not be reached, and that litigation must commence. Here, the court may hold to power to force your divorce to proceed by setting a trial date, regardless of whether your divorcing spouse wants it this way.
More drastically, say that the court mandated your mediation sessions. Well, in this case, you may have to file a formal petition to release you from this order. This may be approved if you can argue valid reasonings behind your petition, such as your divorcing spouse having a history of domestic abuse or your unbalanced power dynamic while you were still married.
In conclusion, the time to act is now. So please pick up the phone and call a talented Morristown family law attorney from Graves Andrews, LLC. We look forward to hearing from you.
