A mediator is a neutral third party and is not a judge that sits on the bench in family court. It might be a retired judge, but is not a judge that’s actually presiding over a case in the courthouse. This is a professional hired by a divorcing couple. Working with the mediator, divorcing spouses […]
Mediation Issues
Can a mediator provide legal advice and draft a couple’s divorce agreement?
A mediator cannot provide either party with legal advice, and if you have had an initial consultation with an attorney to learn your rights and responsibilities, that attorney cannot act as your mediator. A mediator meets with both parties together on a specific date in order to learn their issues and the facts and circumstances […]
How does divorce mediation work?
Most divorce cases settle through or as a consequence of mediation. In a typical case, both parties retain their own attorney. First, the four of you meet – the two attorneys and the two litigants – in order to define the issues of the case. Once those issues are defined, if the parties are unable […]
What is divorce mediation and how does it work?
Do mediators who are also lawyers provide legal advice?
Mediators who are also lawyers will not give either party legal advice nor are they being retained to do so. The mediator is neutral. The mediator’s role is not to render a decision but to bring the parties to a mutually agreeable settlement. While parties are not required to be represented by attorneys in order […]
If a divorce involves complex issues, can you still use a mediator?
Yes. The parties, with the assistance of their counsel, should select a trained and experienced mediator who has the education and skills needed to handle complex financial or parenting issues. Experts, whether forensic accountants, financial advisors, or child psychologists, just to name a few, are often utilized in the divorce process to assist not only […]
Can a couple mediate some issues and litigate others in New Jersey?
Yes, parties can commence mediation and prepare a written agreement memorializing those issues that have been resolved and spelling out those issues that will need a court to decide. For instance, parties may settle all of the financial and parenting issues and request that the Court decide on an award of counsel fees. Or, the […]
What are the main differences between divorce litigation and one of the alternative dispute resolution processes?
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 […]
Is mediation or litigation the best way resolve child custody disputes involving third parties?
Considering how intense these family relationships are and how suing your child or other family members can have serious detrimental consequences to that relationship continuing, I would recommend any type of mediation first before trial, and litigation is an absolute last resort. Laura Schantz, a Beaverton divorce and family lawyer and mediator has helped clients […]
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 […]
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