Understandably, you may not want to air your dirty laundry, so to speak, in public divorce litigation proceedings. This reason alone may make an uncontested divorce method, like mediation, far more appealing to you. However, you may still be hesitant about the extent of this granted privacy. For example, you may question whether your spouse can and will use what you say in mediation against you later, and quite publicly at that. With these concerns at the top of mind, please read on to discover whether divorce mediation is supposed to be kept private and how a seasoned Morristown uncontested divorce lawyer at Graves Andrews, LLC, can protect you during this highly sensitive and personal time.
Is divorce mediation kept private and confidential in New Jersey?
Through New Jersey court rules and the Uniform Mediation Act, your divorce mediation is generally made a confidential process. Namely, your mediator may ask you and your spouse to sign a mediation confidentiality agreement to reinforce these protections and expectations.
Simply put, this privacy is offered to promote open and honest negotiations between you and your spouse without fear. That is, your mediation communications cannot be used as evidence in court proceedings, such as if this uncontested divorce later becomes contested.
Besides your discussions (i.e., statements, apologies, etc.), your mediator’s notes may be kept off the court records. Plus, they cannot be forced to testify about the mediation sessions later on. Your mediation position statements, settlement worksheets, and other internal mediation documentation may similarly be kept private.
Are there exceptions where mediation is not kept confidential?
Of note, while your mediation process itself is generally kept confidential, your signed mediation settlement agreement and your other related divorce filings (i.e., Complaint for Divorce) are written documents that must be submitted to the New Jersey family court. This is so that the court can make your divorce an official, legally binding order and ultimately finalize it.
Also, you must be made well aware that the confidentiality granted in your divorce mediation process is not entirely unlimited. Rather, rare exceptions may apply depending on the facts of your case. Below are more specific examples of what may place your privacy at risk:
- Your mediator witnesses you or your spouse threatening violence and posing an immediate danger.
- Your mediator witnesses you or your spouse admitting to committing serious ongoing criminal conduct.
- Your mediator witnesses you or your spouse exposing one another’s abusive or neglectful behavior towards your child.
- Your mediator witnesses you or your spouse talking about concealing assets or committing fraud in your divorce case.
To conclude, if you are ready to step foot into this legal path, do not do so until you have retained a competent Morristown family law attorney from Graves Andrews, LLC. We look forward to your phone call and to taking on your case.