There are usually imbalances of power just as there are in the marriage. That is one of the benefits of mediation as the disempowered spouse finds his or her voice and becomes part of the process of resolution. I do not allow one spouse to bully the other and I encourage both parties to speak up.
If there is a temporary or final restraining order, the court cannot order the parties into mediation. The victim must be protected and therefore unless the parties have a court order that amends their restraining order to allow that contact, mediation cannot take place. The parties can be separated and the mediator can go back and forth from one room to the other and attorneys can also be present. In certain circumstances mediation is a beneficial way for the parties to resolve their dispute.
New Jersey attorney Cynthia Ann Brassington is certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney, and regularly helps people to resolve their divorce-related issues, from property division, to child support, and custody. To learn more about Cynthia and her practice visit www.LinwoodFamilyLaw.com.