Teaneck Mediation Lawyer
Mediation can be an effective option to help people in family law disputes resolve their issues without going to trial. A judge in a family court actually has the power to require parties in cases to attend these sessions which are called early settlement panels. While this may seem like an inconvenience with little hope of progress, in reality, mediation with a dedicated family lawyer can be a powerful tool.
However, the parties participating in mediation must take the sessions seriously. While mediation cannot end a case without a person’s consent, the outcomes of these sessions are permanent and binding.
A Teaneck mediation lawyer may be able to help guide you through the mediation process. This includes attending both parenting and economic mediation sessions.
What is Mediation?
Mediation is a form of collaborative dispute resolution that has gained popularity. In short, mediation is a way for two opposing parties to come together in a supervised setting in an attempt to settle their differences.
A court-appointed mediator or a mediator agreed upon the parties would run these sessions. The role of the mediator is to gather evidence, understand the goals of each party, and to help the adversaries find common ground to settle their differences. The mediator does not represent either party but does help communicate each side’s position and desires. Each participant in mediation has the right to bring an attorney, and a Teaneck mediation attorney could help to guide individuals through this process.
When is Mediation Required Under Law?
For the most part, whether or not to participate in an alternative dispute resolution program is optional. However, in the interest of shortening the overall case time and in keeping parties on relatively good terms, family court judges have the option to require a divorcing couple in Teaneck to participate in these sessions.
The New Jersey Rules of Court §1:40-5 states that a judge shall order opposing parties in child custody and economic disputes to submit to mandatory mediation. As long as there is not a domestic violence protective order in place, both parties must attend these sessions. During these sessions, both parties have an obligation under the law to provide accurate and complete information to the mediator and each other. Similarly, all information provided to the mediator is confidential and is not automatically submitted into evidence if the case goes to a trial.
The goal of mediation is for the parties to reach a settlement concerning their dispute. A mediator can help facilitate this result, and a Teaneck mediation attorney could help to craft the final settlement document. Of course, if the mediation fails to bring the case to a close, the matter will return to the family court for the normal trial process.
A Teaneck Mediation Attorney Could Help Settle Disputes Out of Court
Family law cases have a reputation as being lengthy, contentious affairs. While it is certainly true that the matter will devolve into a messy legal brawl, it benefits all parties and the court system as a whole if the litigants can settle their disputes on their own.
One way to accomplish this is to participate in mediation sessions. These sessions give both parties an opportunity to present evidence, state their goals, and attempt to settle their differences without expensive litigation in court.
A Teaneck mediation lawyer may be able to help you clarify your goals and represent your interests during negotiation. Call today to learn more.