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Mediation
Mediation is a method of dispute resolution whereby an independent person facilitates an agreement between parties. The mediator does not make any decisions, but rather serves only to facilitate the parties to arrive at their own agreement. The terms, and the fairness of the agreement, are decided by the parties themselves, with or without independent advice from their own attorney.
1. Advantages to Mediation
- The costs can be reduced by the parties by both paying one person, the mediator, during the course of the negotiations. Each party will be advised to have their own attorney during the mediation process, to meet with independently to advise the party oftheir rights during the course of the mediation.
- The parties have complete control over the manner and timetable in which the agreement is reached.
- The negotiations can occur prior to the filing of any pleadings with the Court, allowing the parties to focus on the issues while avoiding allegations about the other.
- It resolves the issues outside of the adversarial proceeding and many find the process allows the parties to maintain a more healthy relationship.
2. Disadvantages to Mediation
- The financial disclosures made by a spouse will not be subject to the same standard for falsity or omissions.
- There is no ability to compel discovery from third parties.
- In a mediation attended by the parties only, the mediator simply serves as a
facilitator who does not seek to advance or protect either party's interest. While this is beneficial in that it may serve to reduce the adversarial nature of the proceeding, the parties miss the opportunity to have an advocate directly involved in the negotiating process.
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Providing clients and their lawyers with a new, formal and strictly non-adversarial approach to resolving legal disputes.
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Contact Us
Please review our site for how The Law Offices of Linda L. Piff, Esquire, P.C. can assist you with your family law matters. If you have any questions, or would like to speak with someone personally, please feel free to contact us.
Law Offices of Linda L. Piff, Esquire, P.C.
1540 Highway 138
Wall, New Jersey 07719
Ph: (732) 556-0240
Fax: (732) 556-0246
Email: lindap@lindapiff.com
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