New Jersey Mediation Lawyer
Mediation is a form of dispute resolution in which an impartial third party (called a mediator) facilitates communication and promotes voluntary decision-making by parties to a dispute. People who use mediation in family law or divorce matters may retain more control over the dispute resolution process than going to court. Turning to mediation usually encourages agreement faster and more economically than traditional litigation.
If you are involved in a family law matter such as a divorce or child custody disagreement, then you should contact a New Jersey mediation lawyer for more information. Mediators cannot give legal advice or represent you, so it is essential to have an experienced attorney accompany you to mediation to protect your rights and interests. Mediation is commonly used to address division of marital assets, child custody, parenting time, child support, and much more.
Benefits of Mediation
Many family law judges require divorcing couples to attend mediation before bringing their disputes to the court. The following are just some of the benefits of seeking the services of a New Jersey mediation lawyer:
Privacy
Mediation offers a private and confidential method for reaching an agreement on all important divorce-related issues. Battling over such issues though litigation usually affords little to no privacy as court filings are public record, and the process gets dragged out.
Empowerment
A skilled New Jersey mediation attorney would likely have the ability to empower both sides to openly present their desires and concerns. Mediation can provide a private setting geared toward achieving a mutually agreeable outcome. Each party should bring their attorney to negotiation to ensure that any resolutions are truly in their best interests and will remain amenable in the future.
Reduced Cost & Stress
Through mediation, a divorcing couple could avoid both the high costs and the stressful nature of courtroom proceedings. If they are able to reach an amicable agreement, each party may be able to leave with more of the assets they really wanted. However, each party should still retain a seasoned divorce lawyer to help negotiate on their behalf. While hiring a lawyer is an expense, mediation is generally shorter than litigation, meaning that the overall bill is less, and an attorney could help ensure that there is no money left on the table during the dissolution of the marriage.
Promotion of Co-Parenting
A divorce or other family law dispute in which children are involved could benefit from mediation as it may shield the children from any bitterness that may spill over from a protracted courtroom fight. Family law mediation is recognized for its ability to foster the well-being of children and promote effective co-parenting.
Basics of Divorce Mediation in New Jersey
In New Jersey, there are two types of divorce mediation:
Private
In private mediation, divorcing spouses can choose what issues they will try to resolve using that form of dispute resolution. Any remaining issues that are not addressed through mediation can be worked out through litigation if necessary.
Court Ordered
Depending on the circumstances, a court may order a divorcing couple to attempt resolution through mediation. Mediation is typically mandated when a complaint for divorce involving a child-custody dispute is filed. Another situation that may lead to mandatory mediation is when a divorcing couple has been unable to resolve certain economic matters with an Early Settlement Panel. This panel is a state-sponsored mediation program created to address common financial disagreements in divorce cases.
As with private mediation, court-ordered economic mediation in New Jersey is non-binding a confidential. If an agreement can be reached, the New Jersey mediation lawyer will prepare a document called a memorandum of understanding that could become an enforceable court order. Frequently, this order becomes the couple’s marital settlement agreement or property settlement agreement. A spouse should never sign a settlement agreement until it has been reviewed by a legal advocate so there are no permanent mistakes.
Why a Seasoned Mediation Attorney is Essential
Mediation could be a great way to resolve your divorce disputes but entering negotiations without legal counsel could diminish the amount of marital assets retained and put a party’s rights at risk. As soon as the divorce process starts, spouses should retain their own personal attorneys. There is only one chance to separate assets and finalize the terms of divorce. While mediation is not immediately legally binding like arbitration or litigation, the decisions made during negotiation will have a large impact on each party’s future.
A mediation attorney could help a spouse in New Jersey outline their priorities, wants, and needs before entering negotiation so together, they can create a strategy to get the best result possible at the end of the marriage. Additionally, emotions can run high during divorce proceedings and an emotional lapse in judgement could have permanent ramifications. Having a dedicated legal advocate may help ensure that any compromises made serve to help resolve disputes without betraying a party’s best interests.
Contact a New Jersey Mediation Lawyer
Divorced can be a time-consuming and expensive process. However, much of the stress and cost associated with dissolving a marriage can be eliminated through mediation whether it is voluntary private mediation or court-ordered. Consider contacting a New Jersey mediation lawyer today for information on how mediation might benefit you in your family law matter and develop a strategy to protect your interests during negotiation.
