Benefits of Divorce Mediation vs. Litigation in New Jersey - Morris County, NJ Family Law Mediator |
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By: Alimony Posted: 2011-02-03 01:29:00 |
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Why consider mediating your divorce?When couples can’t agree on their divorce settlement, they may believe their only recourse is to go to court. Litigation is often lengthy and expensive, and can cause further damage to a once loving relationship. It may also contribute to additional stress for the entire family. However, there is an alternative dispute resolution process known as divorce mediation which offers many benefits that can help you reach an amicable resolution for your divorce.The benefits that divorce mediation can offer over litigation include the following:• New Jersey divorce mediation is effective and non-binding. Because it is non-binding, you always have the opportunity to change your mind until a final agreement is prepared and signed.
• The NJ mediator is a neutral professional and will not take sides. • Mediation helps preserve the relationship. If both parties need to co-parent, it is generally more productive to choose a method that encourages effective communication like divorce mediation, whereas litigation can increase friction and anger. • You have the ability to schedule mediation sessions at times that will not conflict with your child-related responsibilities or your work schedule. The court is typically less flexible with adjusting its calendar. • Mediation is confidential. If you are unable to resolve your disagreements, none of the settlement discussions held during mediation can later be used in court against you. • The mediator cannot be called to testify should litigation later prove unavoidable.NJ divorce mediation benefits also include the potential for creative solutions. A judge is often restricted to highly-structured legal solutions and may not be able to offer the same flexibility. Through mediation, however, couples can take a personalized approach to fixing child and spousal support and the division of assets. Mediation can help develop logical offsets, transfers and adjustments of property as well as child rearing so that your settlement will be customized for your specific family situation. To achieve this goal, it is important to retain a skilled New Jersey divorce lawyer who is a strong proponent of the mediation process.Mediation can help avoid unneeded hassle, pain, and expense during an NJ divorce.In order to achieve a successful mediation experience, you need to set realistic expectations, have a willingness to negotiate, and keep money issues separate from parenting issues. If both parties come to mediation with an open mind and a willingness to make compromises, the family will benefit in many ways and gain a considerable savings of time and money.To help lessen the overall legal cost and to maximize efficiency, each party should begin the New Jersey divorce mediation process with an idea of what they are looking to accomplish (their “wish” list so to speak). This should include a proposed child visitation schedule, a comprehensive list of existing assets and debts, a monthly budget breakdown of all family expenses, and an explanation of earned and unearned income. Hiring a seasoned NJ divorce attorney whose law practice is devoted exclusively to family and matrimonial law will help get you started on the right path. Bari Z. Weinberger of Weinberger Law Group in New Jersey is Certified by the Supreme Court of NJ as a Matrimonial Law Attorney. This certification is achieved by only 2% of the attorneys in New Jersey. Her firm has extensive experience assisting clients with family law and divorce mediation. For legal help and information about NJ mediation, alimony, child support, divorce and other family-law related issues, or to download a FREE divorce guide, visit her firm’s web-site. |
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