Mediation is a form of alternative dispute resolution that, when utilized in divorce proceedings, allows for the matter to be resolved with the assistance of a neutral third party mediator – usually a retired judge or a family law attorney with vast experience handling all issues relevant to a family law matter. Mediation allows for the ability to address issues including the fair distribution of assets and liabilities, alimony, and if children are involved, issues of child support and custody.
The mediation will be conducted within a neutral, confidential, and structured setting, but outside a traditional courtroom. The mediator does not represent either party, and will be completely impartial with no personal interest or agenda beyond reaching a settlement suitable for and agreed to by both parties. If the divorce is unamicable and the relationship between the parties is hostile, the mediator will “caucus.” The parties usually will be seated in separate rooms, and the mediator will meet with each independent of the other.
Choosing to mediate a divorce allows the parties involved to avoid frequent court appearances, eliminating the anxiety and pressure that often accompanies a courtroom setting. If confidentiality is a concern, mediators will discard their notes at the conclusion of the matter; whereas in a court proceeding, all information is entered into the public record. Mediation may also be more cost-efficient than traditional court proceedings – the mediator will typically charge the parties an hourly fee, which can be shared by the parties involved or advanced from a marital asset.
If you have any questions regarding the above, or any family law concern, give Joe a call at (732) 726-6236.
