Mediation As An Alternative In Divorce or Dissolution
- August 6, 2013
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Many people concerned with the potential costs of a divorce and the lengthy process in the Courts are looking towards mediation as an alternative to traditional litigation. Mediation is one of the Alternative Dispute Resolution tools, another being arbitration. Mediation allows you to be in control of the legal issues you are facing, including those arising both before and after your divorce. You have several options to consider. You can choose to mediate with your spouse or partner and a neutral mediator who will help you facilitate negotiations of all issues involving your divorce or dissolution, such as custody, support and equitable distribution of the marital assets and debts to come to an amicable resolution. You can also choose to mediate with one or both parties having an attorney present in addition to the mediator. Also, you can mediate your family law matter in a 4 way settlement conference involving yourself, your spouse or partner and both of your attorneys without the additional expense of a mediator. Although there is additional cost, the benefit of a mediator is that they are able to help bring both sides together on issues where the attorney for either party may dig their heels in on a point and refuse to negotiate further. Another benefit to having a mediator is, in the event of a dispute between the parties as to what the actual terms of the agreement were, the mediator can clarify the discussion and insure both parties are sticking to the deal that was made. The mediation process can be started either before or after the filing of pleadings with the court. If the process is successful then a written mediation memorandum of understanding is executed. A written mediation memorandum can be converted into a formal property settlement agreement and attached to your Judgment of Divorce Mediation or converted to a consent order and filed with the court. Mediation may not be for everyone, and is often ineffective when there is a history of verbal and/or physical abuse between the parties. If you are thinking about divorce or dissolution or have issues that have arose after your divorce was finalized then you should consult with an experienced family law attorney to protect your rights. For more information about Mediation, the Alternative Dispute Resolution Process, divorce, dissolution, alimony, custody, child support or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.