When is Mediation Appropriate?
Mediation is a process in which a couple can take control of their dispute and try to work together to come to an agreement both can live with. It is a voluntary process in which the couple will work with a trained expert to explore the different options and factors that must be considered to form an agreement that will work for both of them. Ms. Friedland is a mediation attorney in Morris County, New Jersey with over seven years of experience dealing with family mediation.
Ms. Friedland decided to practice mediation after seeing the benefits to her clients both emotionally and financially. By participating in mediation, couples were able to resolve their disputes more quickly since they were not constantly waiting for a judge to be available. In addition, they would be more satisfied with the outcome since they took a hands on roll in structuring the result.
Mediation is an option that can be explored in almost any case. The best time to explore this is before you or your spouse file litigation; however, if there is something already pending you can still participate in mediation. The reality is, that litigation takes as long, and costs as much as the parties make it. The more willing you are to consider compromises and to participate in negotiations, the sooner you could be done.
The most common complaints couples have about the court system in New Jersey is that it takes too long and costs too much. To many times couples are asked to wait months before they are given the opportunity to appear before a judge, only to then become more frustrated as they are forced to sit and wait in a hall or crowded courtroom until it is their turn. All of this frustration could be avoided if the couple is willing to sit down and try mediation as an alternative.
How long does a mediated divorce take in nj? The answer is usually, not long. if a couple participates in mediation and are able to reach an agreement, the process of actually getting divorced can be accomplished in as little as two months. The length of time a couple spends in mediation, however, cannot be predicted since that is controlled exclusively by the couple.
How about complex divorces and mediation, does it work in those situations? Yes. Just because an issue is complex, does not mean that a Judge must decide it. Couples in mediation have the same options and resources available to them that they would have in court. If there is a business that needs to be valued, the couple can agree to hire a joint expert to prepare an assessment. (Usually this can also be done at less cost since the expert will not need to prepare a formal report.) The same can be done in situations involving multiple parcels of real estate or comingled assets.
What about children and mediation, can we discuss custody? Yes. Not only can you address your parenting issues in mediation, the courts encourage you to do so. If you already have litigation pending, you can request parenting mediation through the court, which will be provided free of charge.
What if I’m already divorced or already have a court order? Mediation is not something that just applies to couples who are divorcing or who have not gotten a final order yet. It is also an excellent option for couples who have already completed their process and are now looking to modify an order. Modification of orders in some instances can take almost as long as the original proceeding. Rather than return to the same court process that you were so dissatisfied with originally, why not try mediation as an alternative?