Some women may enter the divorce process thinking that litigation in court with a judge deciding their marriage will somehow be beneficial to them. Before committing to litigation, it’s a good idea to first consider all options and whether litigation is truly even necessary. If you’re considering mediation as an out-of-court option, but are worried about being overpowered at the negotiation table, I can tell you that a good mediator pays close attention to the power balance between the spouses and uses specific techniques to address any imbalance.
If one spouse persists in dominating behavior, the mediator will call a stop to the mediation rather than allowing it to continue. Your attorney can also be present to bring further balance to the preceding. With that said, there can be circumstances where going before a judge is preferred; most notably, if there’s a history of abuse or violence in the relationship. This is the reason why disclosure of this kind of information to your attorney is so important.
Your attorney can help you decide which form will be most productive for you to reach a positive settlement that protects your best interests.
Bari Zell Weinberger is the owner and managing partner of Weinberger Law Group in New Jersey. She is Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney.