For many couples experiencing marital difficulties and facing the end of their relationship, divorce mediation can be an appropriate alternative to litigation. While mediation may not fit every situation, for couples who are prepared to address all of the issues related to their relationship, a mediator can often assist in achieving a resolution. In mediation there are no determinations as to who will be the “winner” and who will be the “loser” as the mediator has no interest in advocating the position of one party in favor of the other. A mediator's role is to determine what common ground can be achieved between the parties.
Mediation can cover all divorce issues such as custody, parental time-sharing with respect to children, the amount and type of alimony, child support obligations, the disposition of the marital home, the division of pensions and other retirement benefits and the equitable distribution of marital assets.
Couples can avail themselves of mediation before either spouse files for divorce, while they are in the process of litigating their divorce and even after their divorce has been finalized. Some couples choose to take a step back and “pause” their divorce litigation and retain a mediator to assist in the process. Increasingly I see that divorced individuals are mediating the disputes that naturally arise in the years following their divorce. Ex-spouses will attempt to mediate such issues as responsibility for college costs for their children, the increase or decrease in alimony or child support based on a change in circumstances post-divorce, and the finalization of pension related issues.
There are specific benefits to the mediation process:
- There is confidentiality between the parties and the mediator. What you say or the position you take is confidential and the Mediator cannot be called to testify.
- The parties retain control of the process.
- No matter the subject, your case can be dealt with in an unconventional way if needed. The parties are not bound by the standard means of resolving a divorce case as a Judge would be. A mutually-acceptable settlement can be crafted by collaboration between the mediator and the parties so that the solution fits the divorcing couple’s particular situation. A successful outcome is in the hands of the parties and not the Court.
Lindabury is uniquely qualified to assist divorcing couples through the mediation process. If the need arises, our attorneys have expertise in a wide range of legal areas such as questions regarding tax, real estate, estate planning, trusts and benefits.
If you or someone you know is interested in how Lindabury can have the mediation process work for you, please visit the divorce mediation page of our website www.Lindabury.com. We provide the full range of divorce and family law services and are easily accessible from our Westfield New Jersey office. Call today to schedule a consultation with James McGlew at 908-897-0055.