The agreements that you reach in divorce mediation are put into a non-binding Memorandum of Understanding. Memorandum of Understanding is just a fancy industry term for a report that reflects the agreements you have reached in mediation. The key-term in that first sentence is non-binding. Non-binding means not legally agreed to. So, why do people go through a process that is meant to end their marriage if each party is not beholden to stick to the agreement in the document? This is a great question.
Divorce mediation works because it is not legally binding. People have the flexibility to make agreements in good faith without the rigidity of every decision being final. During the first meeting at Westfield Mediation, LLC, we explain that the agreements are not set in stone and legally binding until you get to court and get your divorce agreement signed off on by the judge or otherwise made binding by you between yourselves. You have the freedom to adjust who is spending Thanksgiving Day with the kids until you get to court. You have the freedom to reduce spousal support from 10 years to 8, until you get to court. You have the freedom to end up splitting the joint bank account 60/40 instead of 50/50 to balance out the other assets you are dividing. It is nice to have this wiggle room.
People find that divorce mediation works really well because both parties are involved in the decision making. Studies have shown that people who have input into their divorce agreement are more likely to follow through with the agreement and less likely to return to court post-divorce to change the agreement. People tend to end up with the agreement they reached in mediation as their final divorce agreement. Sometimes minor tweaks are made before the agreement is finalized, which is the beauty of mediation. You have the ability to make those changes as needed before going to court. Once you get to court and you and the judge sign the divorce decree, what is written in the document is legally binding.
For more information on divorce mediation, please contact Randi M. Albert, JD, or Michelle Weinberg, M. Ed., Licensed Marriage and Family Therapist, at Westfield Mediation, LLC at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at [email protected].
Divorce mediation works because it is not legally binding. People have the flexibility to make agreements in good faith without the rigidity of every decision being final. During the first meeting at Westfield Mediation, LLC, we explain that the agreements are not set in stone and legally binding until you get to court and get your divorce agreement signed off on by the judge or otherwise made binding by you between yourselves. You have the freedom to adjust who is spending Thanksgiving Day with the kids until you get to court. You have the freedom to reduce spousal support from 10 years to 8, until you get to court. You have the freedom to end up splitting the joint bank account 60/40 instead of 50/50 to balance out the other assets you are dividing. It is nice to have this wiggle room.
People find that divorce mediation works really well because both parties are involved in the decision making. Studies have shown that people who have input into their divorce agreement are more likely to follow through with the agreement and less likely to return to court post-divorce to change the agreement. People tend to end up with the agreement they reached in mediation as their final divorce agreement. Sometimes minor tweaks are made before the agreement is finalized, which is the beauty of mediation. You have the ability to make those changes as needed before going to court. Once you get to court and you and the judge sign the divorce decree, what is written in the document is legally binding.
For more information on divorce mediation, please contact Randi M. Albert, JD, or Michelle Weinberg, M. Ed., Licensed Marriage and Family Therapist, at Westfield Mediation, LLC at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at [email protected].
RSS Feed