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Alternative Dispute Resolution

For New Jersey residents seeking to obtain a divorce but reluctant to spend the time and money necessary to do so in court, Alternative Dispute Resolution (ADR) divorce mediation might be a preferable option. Using an ADR choice such as divorce mediation will allow a couple to sit with an unbiased third party mediator who will listen to the concerns and desires of each side and help them come to a settlement without having to go to court.

Issues that are in dispute during a mediation might include the division of the assets of the marriage, property, how to split debts, alimony, child custody and child support. While bringing a case to court will result in an end to the dispute, it might not be agreeable to both sides but is generally final when the judge makes a decision. Divorce litigation will also cost much more money than divorce mediation and it will take a greater amount of time. In an ADR mediation, the agreement will not be finalized until both sides have achieved what they wanted.

Benefits Of ADR Divorce Mediation

divorce with definition

Deciding to use ADR divorce mediation can be beneficial to a couple that has decided to divorce but would prefer not to have to take the matter to court. With mediation, there is no need for both sides to spend a significant amount of money to hire attorneys to go to court. Mediation is an attempt with clear motivation on both sides to avoid having to go to court. If the couple agrees to go to mediation, there is an unspoken mutual desire to avoid court. The marriage assets, debts, property, and child custody can be settled without the potential vitriol that accompanies going to court.

An agreement in mediation is based on the desires of both sides and contingent on their individual circumstances. For example, the couple is able to decide that the mother will have custody of the children with the father having visitation rights for two weekends per month, then there will be no need to go through an extended court battle as to which parent the children live with. Because of the requirement that both people agree to the terms of the mediation before it will be sent to the court for approval, it ensures the satisfaction of each side. That is not the case in a divorce that requires litigation.

A successful mediation will save time and money for both parties which can help prevent the negative emotions that can come along with a contentious divorce litigation.

Understand The Potential Negatives Of ADR Divorce Mediation

judge with gavel

While divorce mediation is an ADR that should be considered by people who have the motivation to find solutions without going to court, there are reasons not to go through the mediation process.
If one or both members of the couple are not willing to concede certain points and come to a reasonable agreement on dividing the marital assets, on custody of the children, alimony and child support, then mediation might not be the best idea. The cost of mediation is not refundable and if it is destined to fail due to one or both sides being difficult, it will yield little more than increased aggravation prior to ending up in court.

It is also important to find a qualified mediator to serve as the third party in an ADR divorce mediation. Not all mediators are able to be unbiased. Some mediators might not have the experience to assist a divorcing couple in seeing the other side's point-of-view and fail in forging agreements to settle the case.

Call Today To learn About Dispute Resolution Services In New Jersey

Divorce can be a costly process both financially and emotionally and using ADR divorce mediation can cut down the costs substantially. Not all couples who choose to divorce need to go to court to settle their differences. An ADR divorce mediation can help a couple come to a friendly settlement of their assets, property, child custody issues and anything else that might crop up during a divorce proceeding. Divorce litigation can result in rancor and fighting between the participants. Utilizing the option of ADR divorce mediation is a viable choice that could be helpful to a couple who simply seeks to divorce and move on with their lives.

If you or a loved one are considering a divorce and thinking of ADR divorce mediation in Monmouth County, Ocean County or anywhere else in New Jersey, it is important to consult with an experienced lawyer from the Law Firm of Villani & DeLuca, P.C. in Point Pleasant Beach, New Jersey.

Whether you live in Red Bank, Middletown, Hazlet or any other town in New Jersey, Villani & DeLuca, P.C. can help you with Alternative Dispute Resolution. Contact Villani & DeLuca, P.C. at 732-751-4991 to discuss your case.

Vincent DeLuca, Esq.

As a founding partner at Villani & DeLuca, Vincent DeLuca is one of only a few Certified Matrimonial Law Attorney in Ocean County, New Jersey. Mr. DeLuca has helped many clients navigate the delicate details of their own divorce. Mr. DeLuca is also a trained divorce mediator and collaborative divorce attorney. Call today at (732) 751-4991 to speak to Mr. DeLuca or one of our experienced NJ Divorce Lawyers.