High-net-worth cases can be mediated and it is a very effective way to resolve the case. Mediation usually is less expensive than litigation which further benefits the parties. The parties select a neutral forensic evaluator if we need an evaluation of a business. Since the neutral is working for both parties they are more likely […]
Mediation Issues
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 […]
What are the advantages of using mediation over litigation in a high-net-worth divorce?
There are definite advantages for using mediation rather than litigation for high net-worth cases. Litigation is a rigid process and the remedies available when the court decides a case are limited. Mediation and mediated agreements provide the opportunity for flexibility and developing creative solutions that take into consideration the complex financial and asset structures in […]
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 […]
Can a couple mediate some issues and litigate others?
There’s no requirement that a couple has to mediate all the issues, or litigate all the issues in their particular case. A couple may not have any trouble agreeing on the custody arrangement but the financial issues may be hotly contested or vice versa. Each case is different. You never know what is going to […]
Is there always a trial in contested divorce litigation or can you settle out of court?
It is possible to settle out of court after a suit has been initiated. In fact that is most frequently the result of our cases. Only a small percentage of our cases make it to trial. It’s just too costly and oftentimes there isn’t enough to dispute to make litigation worthwhile for both sides, particularly […]
Can a high-conflict divorce still be mediated?
They can, and I try to get couples to sit in the same room because one of the benefits of mediation is the client’s ability to learn to communicate in a healthy manner. If one party is trying to instigate the other party into an argument, I step in and explain that it is not […]
Does every divorce-related issue have to be resolved with Alternative Dispute Resolution?
That is entirely up to the party. They can focus on particular issues at mediation or try to resolve them all in one or several sessions. We frequently mediate custody and child related issues such as child support separate from financial issues like property and alimony, or spousal support. They involve different and sometimes competing […]
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