Frequently Asked Questions about Divorce Mediation

Q: Will I have to represent myself or can I have my attorney present at mediation?

A: You always have the right to have your attorney present during mediation. In fact, it’s generally in your best interests to work closely with a lawyer throughout the process, so that you understand what your rights are and what you can expect.

Q: How long does divorce mediation typically take?

A: In mediation, unlike litigation, there are no witnesses (other than the parties) and the mediator does not consider exhibits or other evidence. As a result, most divorce mediation can be completed in a day or two.

Q: What if my ex has been abusive or threatening? Is mediation still a good option?

A: Both parties must agree to the terms established by mediation. Your ex may be unwilling to do so, if he or she is accustomed to intimidating you. However, if you have a strong mediator, you shouldn’t have to worry about the outcome being affected by your former spouse’s actions. The mediator is required to help bring about a solution that is in the best interests of both parties. If the mediator perceives that you are only agreeing under duress or undue influence, the mediator can and should intercede to make certain that the outcome if fair to both parties.

Q: Should I hire an attorney to be my divorce mediator?

A: You can, but there’s no requirement that you do so. An attorney will have a solid understanding of your rights, as well as the responsibilities of both parties, and can make certain that all important issues are addressed. However, there are many skilled divorce mediators who are not lawyers.

Q: What happens if my ex doesn’t honor the terms of the mediation?

A: Typically, when you complete mediation, you sign an agreement that is entered with the court. If your ex fails to abide by the terms of the agreement, he or she can be found in contempt of court. In addition, you may be able to bring an action for breach of contract.

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At Taylor & Boguski, we bring more than 70 years of combined legal experience to men and women throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.