If you are approaching a no-fault divorce in New Jersey, you may already be familiar with terms like “collaborative law” and “mediation.” Perhaps you have discussed these concepts briefly with your ex, or maybe you have come across them during online research. Whatever the case may be, it makes sense to gain an understanding of these concepts before you move forward with your divorce.
Both Collaborative Law and Mediation are Strategies for No-Fault Divorce
No-fault divorce occurs when both spouses agree upon every aspect of their divorce. This allows them to bypass the litigation process and proceed directly to a hearing. During this hearing, a judge approves the spouses’ divorce settlement and makes it legally enforceable. Both collaborative law and mediation are methods for creating these settlements through an informal negotiation process behind closed doors.
The Basics of Mediation
Mediation occurs when one central figure facilitates the negotiation process between two spouses. This figure is known as the “mediator.” Mediators are specially trained negotiation specialists who can guide spouses toward mutual understanding, cooperation, and compromise. Mediators are trained to approach these negotiations in an unbiased, fair manner. The goal of each mediator is to create a resolution that serves everyone’s best interests – including both spouses and their children. Mediators are often trained attorneys, but not always.
The Basics of Collaborative Law
Collaborative law is a process that involves numerous attorneys, not just a single mediator. Each spouse is represented by their own attorney, and these attorneys only serve the best interests of their respective clients. Collaborative law attorneys are inherently biased toward the needs of their own clients, and they are fighting for their best interests throughout the negotiations. However, they also understand the importance of cooperation and mutual understanding, and they can guide even the most bitter spouses toward positive resolutions. Collaborative law attorneys are always trained lawyers.
Which Option is Right for Me?
Spouses who are pursuing amicable divorces may be more attracted to mediation because there are fewer conflicts to resolve. In contrast, spouses who feel a greater sense of bitterness or resentment may benefit more from collaborative law. These latter spouses may feel encouraged by having an ally who fights “in their corner” rather than trusting a third party who is supposedly unbiased. Each divorce is slightly different, and it is ultimately up to each spouse to make their own choice based on their unique circumstances.
Where Can I Find a Divorce Attorney in New Jersey
If you have been searching for a qualified, experienced divorce attorney in New Jersey, look no further than Giro Law, LLP, Attorneys at Law. Over the years, we have helped numerous divorcing spouses in the Garden State with a number of legal issues. We know that pursuing a no-fault divorce is an attractive prospect for many divorcing spouses, and we can guide you forward with a sense of confidence and efficiency. Book your consultation today to learn more about the general process.