Can a couple mediate some issues and litigate others?

By Michele E. D’Onofrio
January 10, 2017
Can a couple mediate some issues and litigate others?

Yes, parties can commence mediation and prepare a written agreement memorializing those issues that have been resolved and spelling out those issues that will need a court to decide. For instance, parties may settle all of the financial and parenting issues and request that the Court decide on an award of counsel fees. Or, the parties can settle custody and parenting time and request that the Court only decide the length or amount of alimony. By being able to settle those issues in which there is an agreement between the parties and allowing the Court to decide the remaining issues, the divorcing couple can save on litigation costs, which are very expensive, and can streamline any trial preparation and trial time. More importantly, they retain control over the outcome of those issues upon which there is agreement. A skillful attorney can navigate a party through the processes and tailor the pending case to obtain the most beneficial result for the client.

Michele E. D’Onofrio is a family law attorney practicing in Warren, New Jersey.

Back To Top

January 10, 2017
Categories:  FAQs

Add A Comment


Allowed HTML: <b>, <i>, <u>, <a>



Divorce Lawyers

Certified Divorce Financial Analyst

Find all CDFAs

Divorce Mediators

Find Divorce Mediators

Business Valuators / CPAs

Find Business Valuators / CPAs

Collaborative Practice

Find Collaborative Practitioners

Reason for your Divorce

Why did your relationship end? If there's more than one reason, choose the strongest factor.

Money Problems/Arguments
Physical/Emotional Infidelity
Physical/Mental Illness
Physical/Emotional Abuse
Alcoholism/Addiction Issues
Basic Incompatibility

Copyright © 2017 Divorce Magazine, Divorce Marketing Group & Segue Esprit Inc. All rights reserved. Reproduction in whole or in part without prior written permission is prohibited.