I am often asked how prevalent is mediation and ADR (alternative dispute resolution) in divorces. A recent ABA article surprised me with this statistic:
93% of divorcing couples utilized a method of Alternate Dispute Resolution (ADR)
The details on most divorces are NOT decided by a judge. The parties usually decide divorce details which are then made official by a court.
What about DIY (do-it-yourself) divorces? The article addresses those as well.
The reality is, however, that approximately 80% of those who attempt to do the divorce paperwork themselves fail. Couples are finding they need legal guidance, drafting or calculation assistance or that they are emotionally unable to negotiate directly with their spouse. This leads well-meaning couples to seek assistance and they desire routes to resolve their matter outside the traditional court system…
My experience as a NJ divorce mediator is that most of my clients have a general sense of what they want to do with property division, alimony, parenting and child support. However, they often forget details or don’t understand the impact of some of the decisions. They may also not be able to calculate child support, which is required (even if you’re not following the guidelines).
This is where a mediator adds value, often at a low cost. A mediator can provide guidance on these items. Mediation will also speed up the process.
For more information about mediating your divorce (or parenting issues), please contact me.