How Mediation May Be a Useful Alternative Dispute Resolution Tool

Mediation is a form of alternative dispute resolution (ADR) in which a neutral third-party mediator hears evidence about both sides of the dispute, facilitates a discussion between the parties, and guide the parties through negotiations outside of the courtroom. As mediation is often a less expensive and time-consuming means of settling family law cases, such as divorces, New Jersey Courts not only encourage the use of mediation, but actually require it in divorces. Mediation is useful in almost all type of family and child-related legal matters. Divorces, child custody and parenting time modifications or disputes, and alimony, equitable distribution and child support cases all are suitable subjects for mediation. From an emotional and personal perspective, it is usually better for spouses and/or parents to reach an agreement to resolve their legal disputes rather than go to court and have the judge make a decision.

As stated above, a mediator is a neutral party who does not take either side of the dispute. He or she does not make decisions in your case, even if mediation fails and the parties reach no agreement. The only role of the mediator is to help the parties communicate in a meaningful and calm manner so that they can work through disputed issues and reach a mutually acceptable resolution. Mediation proceedings are much more informal than court proceedings, which can allow the parties to relax and work on their problems in a friendly rather than hostile environment. If the parties reach an agreement, the mediator then places that agreement in writing and submits it to the court for approval.

At Argentino Family Law & Child Advocacy, LLC , Jodi Argentino is a Court-approved mediator.  We also will participate in mediation as attorneys for either party.  We handle all of the different issues that New Jersey cases involve with respect to families and children whether it involves litigation, mediation, or another form of alternative dispute resolution. We understand how emotional and stressful these types of cases can be, which is why we are here to help guide you through your legal proceedings as simply and efficiently as possible. Contact our offices today to set up an appointment with one of our highly experienced lawyers and see what we can do to help with your case.

 

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