Litigation may seem like a foregone conclusion for individuals going through a divorce or other family law dispute. When two parties cannot agree on the issues at hand, it can often feel like bringing your case before a judge can be the only option. However, divorce alternatives such as mediation and arbitration can provide amicable and cooperative conflict resolution without the costly court dates. The benefits of mediation are many, and for some clients may be a much more favorable option than traditional divorce litigation.
The mediation attorneys of Jacobs Berger take pride in offering dynamic and wide ranging legal solutions including divorce mediation to our clients in New Jersey towns. We believe that legal disputes can be viewed as an opportunity to build a new foundation for the future of our clients and their families. Our firm operates with the belief that resolving divorce and other legal issues do not have to be long, painful processes.
Call our office today for a comprehensive and confidential Strategic Planning Session regarding your divorce or other family law disputes and the possibility of using mediation as an alternative to litigation.
Mediation Attorneys Discuss Mediation Timeline
Unlike with litigation based legal proceedings, our Randolph mediation attorneys are free to schedule mediations on your schedule. Scheduling a divorce hearing may take weeks or even months. Extensions for further considerations including child custody evaluations and more may extend that timeline even further. Mediation is not bound to any set schedule, and the parties involved are free to proceed at their convenience.
Additionally, this reduced timeline means more concentrated and focused effort by our legal team, which likely will result in a less expensive legal process. It is also worth considering that our attorneys are available to mediate in an impartial manner for divorce and other family law disputes. If both parties are able to agree to hire a single mediation attorney, you have effectively cut each individual’s legal budget in half.
Divorce Mediations Lawyers: Mediation vs. Litigation
Our Denville mediation lawyers understand the need for litigation. When an amicable decision cannot be made, there may be a situation where a court date is unavoidable. One of the downsides of litigation based conflict resolution is the “your loss is my gain” mentality. Many divorces involve children who are sensitive and intelligent enough to understand that mom and dad are fighting in court over who gets Christmas morning.
Mediation offers an alternative to litigation which is cooperative in nature. It is absolutely vital that both parties be heard and their needs and concerns be understood. However, the mediation process recognizes that both parties often want the same thing: an amicable and reasonable resolution that works for everyone. Especially when your legal dispute includes topics relating to your children, the benefits of non-combative mediation cannot be overstated.
Additionally, mediation is private and confidential. Many individuals are not aware that litigation based divorce involves what is called a discovery process where the courts will request full access to financial and other documentation of both parties. While mediations may certainly involve sharing financial and other documents, it will be done in a private and confidential setting.
Will Mediation Produce a More Beneficial Outcome?
A successful mediation will not only adhere to New Jersey laws and regulations, but also take into account the perspectives, interests, and needs of all parties involved. In a vacuum, the processes of litigation and mediation should produce the same net results. In practice, this is not always the case. Our Morris County mediation attorneys find that mediation has a higher success rate when it comes to finding mutually beneficial outcomes.
Laws and regulations for issues like child custody, child support, alimony, etc, are designed to protect citizens and set a fair precedence for future cases. However, one size does not fit all for divorce or any other legal dispute. Mediators are not only the go-between for conversations between the two parties, they are also there to take in the facts of the case and issue a recommendation.
The primary difference when it comes to outcomes when considering litigation and mediation is the finality. Court orders and arbitration decisions are final. They may be appealed, but they cannot be re-argued on the same grounds. Mediations end in a recommendation, not an order. This allows the parties involved to either agree or alter the recommendation given to suit their personal needs.
Contact our Divorce Mediation Attorneys Today
At Jacobs Berger, LLC our mediation attorneys believe in offering alternative divorce solutions for our clients in New Jersey towns including Randolph, Madison, Florham Park, Morristown, East Hanover, Dover, and the greater Morris County region. Our firm is built on the idea of providing dynamic and personalized legal services to best fit the unique needs of our clients. We see each new case as an opportunity to create a better and more stable future for our clients and their families.