Hackensack Mediation Lawyers
Divorce mediation serves as an effective alternative to divorce litigation, and carries with it many financial and non-financial benefits to the traditional form of litigation.
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What Are the Benefits of Mediation?
One benefit of mediation is it allows the parties to cut to the heart of their disputes and do away with many of the steps that are otherwise imposed on the parties by the court as part of the divorce process. Through mediation, with the assistance of a Hackensack mediator, the parties can tailor discovery requests to limit the exchange of documents to those pertinent to the issues at hand. This is a cost efficient alternative to the voluminous, and often unnecessary, discovery demands that parties send out at the direction of the court, which can take significant time and money to answer.
In addition, a mediator can serve to let each side know where he or she stands from the outset. It is important to receive input from a neutral, unbiased third party such as a meditator as soon as possible, before the parties can become entrenched in their positions based upon a representation of what may be their “best case scenario” outcome, but not the most very likely outcome.
Perhaps the most important benefit to come from the mediation process is it offers the parties the opportunity to resolve their differences on their own terms, as opposed to having an outcome thrust upon them based upon by a judge, who is effectively a stranger. Only the parties know how to prioritize their interests, and what is most important to them; therefore, only the parties themselves are in a position to place give and take on issues—a process for which mediation is most conducive.
Confidential & Comfortable
Mediation is a confidential procedure. Nothing said in mediation may be conveyed to the court, should the matter not settle. A mediator may not be called upon to testify in a subsequent court proceeding. The very purpose of the confidential directive is to incentivize the parties to make their most generous settlement offers without the fear of their generosity being used against them in a later proceeding. This is what fosters settlement.
A good Hackensack mediator will seek to keep the mediation proceedings fair and balanced, and be on the lookout for an inequality in bargaining power. A good mediator will not allow one side to be bullied or coerced into entering into an agreement. In addition, a good mediator will make sure that both parties understand the proceedings, and will pace the mediation process as slow as necessary to assure that both parties are comfortable and informed.
Mandatory Mediation in New Jersey
Economic mediation is mandatory in New Jersey. Unfortunately, it becomes mandatory toward the end of a case, right before trial, when the parties have already spend a great deal of funds on legal fees. However, parties are free, independent of the mandatory mediation imposed by the court, to enter into private mediation as early in the process as they desire.
Ready to Mediate? Contact Our Hackensack Team Today
At Laterra & Hodge, LLC, our Hackensack mediation services are tailored to your needs. Our mediation attorneys assist in narrowing issues and the documents necessary to resolve problems to reach a fair and balanced resolution that works for all involved.
