Litigation utilizes the New Jersey courts to resolve the issues of a divorce or family law proceeding. Mediation, arbitration, and collaborative divorce are all different types of alternative dispute resolution processes. In mediation, a trained, impartial, and neutral person called a “mediator” is retained by the parties. The mediator does not represent either party but […]
Collaborative Law
What are the main differences between divorce litigation and one of the alternative dispute resolution processes?
How can someone keep their cost down as well as expedite their divorce process?
The meditative and the collaborative divorce process will assist something of that nature because it allows all parties to sit together and actually look each other in the eye and get to the heart of what it is that needs to be resolved as you dissolve what could be a very short-term or very long-term […]
Aside from going to court, are there other ways to resolve divorce issues in New Jersey?
Ultimately, you’re going to end up in court, but what are you going to do before you get there – and, yes, there are other ways. One can engage in the meditative process, where the parties sit down with a third party and try to hash out their issues and ultimately come up with some […]
At what point, if the child is distressed enough, should parenting arrangements be changed?
The first thing I would do, if it was my client that had the child, is encourage them to get the child into counseling immediately to find out what’s going on. Second of all, I would then encourage them to include the other parent in the counseling with the kid so you can find out […]
How do you make the children’s needs a priority during mediation?
Illinois mediator Laura Kern discusses her tactics as a family lawyer, and how her role can make the children’s needs a priority during mediation.
Have you ever seen clients attempt mediation or collaborative law in bad faith?
With most of the people who come in for their kids, they want to get it done. They want some closure on those issues. On the financial issues, most of the financial people don’t come to mediation. If they do come to mediation, they don’t have lawyers and they get the lawyers after the fact. […]
Is collaborative law suitable for a case with very complex issues?
Yes. There’s nothing that can’t be done in collaborative law that can’t be done in litigation except that in collaborative law, the parties are working to a resolution together. When you go to court, you’re in an adversarial system. If you want to be adversarial, you go to court. If you want to try to […]
How does the success rate of mediation compare with other forms of alternative dispute resolution?
I don’t know how it compares with arbitration or collaborative divorce, but I can tell you mediation in divorce cases where the parties come to an agreement on their children are much more likely to be settled quickly. I think our success rate of court-appointed mediation in our county is 85%. With 30 years of […]
Would collaborative law be a good choice for a couple with power imbalances?
Yes. You should have some experience or at least do some research in the area of the problem so that you know what you’re dealing with. I would encourage all lawyers to take whatever psychological training they can take to understand different types of personalities, child rearing, bonding, and all those other things that go […]
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