Mediation or Non-Contested Divorce - What’s Right for You?

When deciding how to approach your divorce, it’s helpful to understand the difference between mediation and a non-contested divorce. Both options focus on cooperation and minimizing conflict, but the right choice depends on your situation.

A non-contested (“Kitchen Table”) divorce is ideal when you and your spouse agree on all (or even most) major issues, such as property division, parenting arrangements, and support. In this case, mediation may not be necessary because you’ve already resolved the key decisions and it may be possible to avoid the added layer (and cost) of mediation.

Mediation, on the other hand, can help when you want to work amicably but need assistance resolving certain disagreements. A mediator serves as a neutral third party, helping both sides navigate discussions and reach compromises. This process works well when there are unresolved issues or communication challenges.  Keep in mind, mediators cannot provide legal advice as they are third party neutrals.  An attorney provides legal advice, and often mediation involves, 1 mediator, and 2 attorneys – one for each side.

To determine which path is right for you, consider these questions:

  • Have you and your spouse already agreed on all major issues (or are you at least close)?

  • Are you both willing to negotiate directly without a mediator’s help?

  • Are you looking to reduce costs and move forward quickly?

If the answer is “yes,” a non-contested “kitchen table” style divorce may be right for you. However, if disagreements remain or you feel more comfortable with facilitated discussions, mediation might be a useful tool to help you reach an agreement.  Also remember that sometimes mediation can be used for a specific area of disagreement in a non-contested divorce.    

At Voorhees Family Law, we assist clients in evaluating their options and guiding them toward efficient, cost-effective resolutions. Contact us today to learn how we can help you achieve a smooth divorce process that fits your unique needs.

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3 Reasons You Need Legal Advice During Divorce Mediation

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Post-Divorce Checklist: Next Steps After Your Divorce