Divorce Magazine

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Mediation Issues

WATCH: How does collaborative law differ from divorce mediation?

 A collaborative law divorce is different than mediation in that the collaborative process, the dispute is resolved without litigation pending, such as a complaint for divorce. The way to think of a collaborative divorce is as a team effort. The parties and their counsel meet and discuss the case. When an expert is needed, […]

WATCH: What makes a couple an ideal for mediation versus collaborative law?

I think most couples are ideal for both mediation and collaborative law. The difference is when you’re in mediation a complaint’s been filed and you are in litigation. You have the deadlines of the court hanging over you. In the collaborative law process you can work within your own pace and therefore you don’t have […]

Do attorneys give legal advice to mediation clients?

I do not give legal advice as a mediator because I am not an advocate for either of the parties. However, I can tell the parties generally what would happen in specific circumstances such as that a pension is subject to equitable distribution and I can also explain how the pension is divided. New Jersey […]

How long does the mediation process take?

How long mediation takes depends on the parties. Some mediations are resolved in one or two sessions and I draw up an agreement. Other mediations may take several months. The benefit of mediation is that the parties set the pace within their respective comfort levels. The sessions themselves are also dependent on the parties, some […]

Can you mediate a divorce with major power imbalances or domestic violence?

There are usually imbalances of power just as there are in the marriage. That is one of the benefits of mediation as the disempowered spouse finds his or her voice and becomes part of the process of resolution. I do not allow one spouse to bully the other and I encourage both parties to speak […]

Can a couple choose to focus on particular issues during mediation?

That is entirely up to the parties as to what they want to work out. I usually start with the financial issues and the division of assets and debts, and once trust is starting to develop I move to the custody and support issues. Parties have the option of only addressing one or two issues […]