Somerset County Divorce Mediation Attorneys

Understanding Divorce Mediation in New Jersey

Mediation is a mandated part of the divorce process. Divorce mediation in NJ allows both parties to resolve matters outside of the Superior Court. You are still able to engage in additional mediation sessions throughout the legal proceedings.

The first step in the divorce mediation process is meeting with a third-party mediator. A mediator stays neutral and helps the couple arrive at an agreement that satisfies both partners' needs. The mediator's role is not to make decisions for the couple, nor is it to force them to agree. He or she is there to help each party understand the other's situation and point of view. If both parties agree, the process is complete.

During mediation, the mediator cannot offer legal advice to either party. If you wish to obtain legal counsel during mediation, you must hire a mediation attorney to represent you.

Our Somerset County mediation lawyers can advise you on:

• How the mediation process works
• How mediation can benefit you
• How the laws apply to your particular situation
• Your rights and what you deserve in a divorce settlement
• How your agreement will impact your future

Mediation can be a great way to quickly and effectively resolve many family law issues. Your representation during the mediation process is critical. If you are concerned about the way your current lawyers are handling your case, then turn your matter over to our experienced New Jersey divorce mediation lawyers today.

When you work with our team, we can explain how divorce mediation fits within the broader family law system in New Jersey, including how agreements are reviewed by judges at the Somerset County Courthouse and what happens if certain issues still need to be decided in Family Court.

Benefits of Mediation in a Somerset County Divorce

Mediation has many benefits, as listed below:

• You maintain control over the discussion and the resolution. Both sides take part in resolving the dispute in a manner that will be mutually satisfying. You will not be forced to accept and comply with a decision from a judge. Court decisions often lead to unhappy endings for participants who then must move forward with legally binding agreements that they have not really agreed to.
• Mediation takes place in a private and confidential setting. Court hearings are a public forum and a matter of public record. In mediation, no one is privy to the proceedings unless you want them to be.
• Mediation takes place voluntarily. Both you and the other party generally agree to the mediation, agree to try to cooperate, and to keep the sessions moving positively.
• Mediation is not subject to court schedules and calendars. You and the other party will meet at a location and time of your own convenience. You will be able to talk to your mediator both privately and with the other party.
• Mediation is less expensive, due to the fact that it avoids protracted and costly litigation in court.
• Mediation is less time-consuming. You and the other party do not have to spend time attending court hearings that may take place over weeks, months, or even years. You can work out your differences on a faster timetable.
• You and the other party are mutually supported by the mediator, whose sole aim is to get you through the process in a constructive and conclusive way.
• Mediation helps to create a better post-agreement relationship with the other party. By agreeing to work together, to see the other party’s situation and point of view, to listen, and cooperate, you can build a better connection for future communication with your ex-spouse. This is especially important in situations where children are shared. Future situations that arise may be better dealt with where positive results have been reached before in mediation sessions.

Arbitration as a Dispute Resolution Solution in Somerset County

If you're not sure mediation is right for you, you may want to use arbitration to resolve your divorce. Arbitration is an effective alternative to court or traditional litigation that allows couples to have more control over how their divorce is handled. The process involves both parties mutually selecting an impartial third party to decide on their case's issues as a judge would do.

The benefits of divorce arbitration include:

• Cases are handled in a more efficient, timely, and cost-effective manner
• Proceedings can sometimes occur in a less formal setting, which eases the emotional distress
• Matters are resolved in a more confidential way
• Couples select the arbitrator who will decide their case
• Couples determine what issues will be addressed by the divorce arbitrator
• Couples choose the day, time, and location of their hearing

While arbitration is a good option for many divorcing couples, it may not be appropriate for you. Before determining how to handle your divorce, make sure you consult with an experienced divorce arbitrator in New Jersey.

During an initial consultation, we can help you compare mediation, arbitration, and traditional litigation so you understand which process best fits your goals, your budget, and the level of conflict in your case, especially if your matter will be heard in the family divisions serving Somerset County and nearby New Jersey counties.

How Long Does Arbitration Take in Somerset County?

In general, preparation for divorce arbitration takes several months, and the hearing itself takes anywhere from a few days to more than a week. That being said, no two cases are the same, and it's not possible to say exactly how long any one divorce arbitration will take.

Factors that can influence timing include how quickly financial information is exchanged, the number of witnesses who need to testify, the availability of the arbitrator, and how many disputed issues must be decided, such as alimony, custody, or the division of complex assets.

Other Forms of Alternative Dispute Resolution in Somerset County, NJ

Mediation and arbitration are two of the most popular forms of ADR, but they're not your only options for resolving your divorce outside of the courtroom. Collaborative law is another common method of helping clients dissolve a marriage amicably.

If you choose to use collaborative law for your divorce, you and your soon-to-be-ex will each hire an attorney. Similar to mediation, the parties and their attorneys gather over a series of meetings to negotiate terms for processes such as property division, alimony, and child custody and support. For individuals who want something a bit more legally protective than mediation that still enables them to collaborate with their spouse, collaborative law is a great alternative. 

Benefits of Alternative Dispute Resolution in a Somerset County Divorce

Resolving your divorce using alternative dispute resolution can have a wide range of benefits:

• It's easier on your wallet. With the average contested divorce costing more than $15,000, it's no wonder that budgeting is a major concern for many Americans planning for a divorce. Resolving your differences outside of court can help you save an exponential amount of money on the divorce process, enabling you to move on more easily post-divorce.
• You have more control. Many people find using ADR less stressful than litigating a divorce in court because they have full control over their future. A court could make decisions that run contrary to your best interests. By using ADR, you establish a more amicable setting to negotiate terms that you can be happy with in the short and long term.
• The process resolves more quickly. Contested divorces can easily take a year or more to finalize in court. In contrast, many couples who use ADR to dissolve their marriage are able to draft and finalize a divorce agreement within just a few months of filing for divorce.

If you're interested in using ADR to negotiate equitable terms for your divorce that support your short and long-term goals, our Somerset mediation attorney is here to help you find the best path forward in your case.

We can walk you through how ADR works in the context of New Jersey law, including how settlement agreements are reviewed by judges in the Superior Court of New Jersey and what to expect if your matter is filed in the Somerset County vicinage but touches neighboring counties such as Middlesex or Hunterdon.

Consult Our Trusted Somerset Divorce Mediation Lawyer

Mediation can be a great way to quickly and effectively resolve many family law issues. Your representation during the mediation process is critical. If you are concerned about the way your current lawyers are handling your case, then turn your matter over to our experienced New Jersey divorce mediation lawyers today.

As a family law mediation attorney Somerset County clients can turn to for guidance, we take time to learn about your priorities, whether that means protecting parenting time, addressing support in a way that fits your budget, or finding solutions that reduce the emotional strain of repeated trips to the courthouse in Somerville.

Call (908) 274-3028 or contact DeTommaso Law Group, LLC online to set up a consultation with a divorce mediation lawyer near you!