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Mediation

Recent Posts in Mediation Category

  • How does Divorce Arbitration Work?

    Going to court is not the only available method of resolving a family law dispute. If parties are not able to reach an agreement in a contested matter, they can also pursue mediation or arbitration of their case. While many people are somewhat familiar with the concept of mediation—where a neutral third-party attorney, the “mediator,” assesses the facts and circumstances of the matter and attempts ...
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  • Finding Your Freedom with NJ Divorce Arbitration

    What is arbitration? Put simply, arbitration is the process where a non-judge makes a decision on issues in a divorce that the parties cannot settle. Rather than going through the court system, the parties let a non-judge make a binding decision to allow the divorce process to end. It is an effective and relatively inexpensive way to resolve divorce. It is increasingly common for divorce cases to ...
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  • ABCS of NJ Divorce Mediation

    Divorce mediation is the process whereby we reach a divorce settlement without involving the court but with the assistance of a neutral third party. It is a process that usually saves you and your spouse thousands of dollars in legal fees and costs. How does it work? The best approach to divorce mediation is to concentrate on communication between the parties and problem solving. Mediation is not ...
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  • Different Ways to Get Divorced

    Is there one way to get divorced? Absolutely not. Most attorneys sell a “one size fits all” solution to anyone that needs to divorce their spouse. That is a serious disservice to the client. Divorce should be tailored to the specific needs of the client and their family. So, what are the paths you can take to get divorced? You can go the traditional litigation route and file a complaint for ...
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  • Common Custody Mistakes in Your Settlement Agreement

    Most cases settle out of court. Creating a settlement agreement can be of great benefit to parents, as it allows them to tailor-make a custody and visitation arrangement that is custom built to meet the needs of their family and their children. As every family is different, the benefits are clear to see, as going into court rarely results in an order that has as many individualized provisions as ...
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  • Can I Force My Spouse to Settle?

    One of the major trends in the legal field is settling cases. The vast majority of cases now do not end in trial, but rather in a signed settlement agreement between the parties. The parties can use mediators, arbitrators, their own attorneys, or even just talk between themselves to come to an agreement on some or all of the issues in a case. Family law is no exception to this rule. Most divorces ...
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  • Cosco v. Cosco - Unenforceable Child Support Settlements

    Child custody and child support are often the central issues in divorce cases, as what is best for a child is more important to parents than any division of property or debts. Luckily, the vast majority of family law cases are settled before they reach a final hearing. This allows parents to carefully tailor their parenting plan and custody agreement to suit the precise needs of their family and ...
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  • Avoiding Common Settlement Mistakes

    In today’s court system, most family law cases end with a settlement agreement. This includes not only divorces, but post-divorce modifications, custody cases, child support issues, spousal support modifications, and any of the other myriad issues involved in family law. Settlement can be a very advantageous conclusion to both parties. It lets both parties tailor-make solutions for their issues ...
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  • When is Mediation Required and Why?

    Divorce, child custody, or any other family law matter can end in a nasty battle in a court room. Going to a final hearing means that the parties have to spend more money, more time, and more emotional energy than if they had been able to reach an agreement before the final hearing. Mediation is a process through which some parties may be able to reach some neutral ground Settlements allow the ...
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  • Divorce Arbitration

    It is increasingly common for divorce cases to be settled before a final hearing. Settlement allows parties to maintain control over the divorce case. The spouses can craft solutions for their future that fit in with how they want to move forward. In attempting to settle, there are several different options to have the process facilitated by a third person. Mediation is a well-known method, ...
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  • How to Prepare for Mediation

    An increasing number of family law cases are resulting in settlements. Whether it is a divorce, child custody, or simple child support matter, mediation helps put a degree of control over a case back in the hands of the parties. Mediation allows parties to carefully consider the issues in their particular case and be creative with solutions that best fit their needs and their family, sometimes ...
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  • Is Collaborative Law Right for My Case?

    The vast majority of cases settle out of court, and family law cases are no exception. Reaching a settlement agreement on your divorce matter can save you and your spouse money, time, and frustration. One tool used to help parties reach a settlement is called collaborative divorce. Collaborative divorce is a new approach to litigation. The idea behind collaborative divorce is that the spouses and ...
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  • Common Contents of a PSA

    The vast majority of divorce cases are settled out of court. When parties are able to come to an agreement, their attorneys draft what is called a Property Settlement Agreement or Marital Settlement Agreement (commonly referred to as a “PSA” or “MSA”) that contains the provisions of their agreement. This document is essentially a contract between the parties on how their assets and debts will be ...
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  • MEDIATION AND WHEN IT SHOULD BE USED

    Any type of family law dispute is typically highly fact specific, as well as emotionally charged. Allowing parties an avenue to create a settlement agreement that is custom tailored to their family and situation is often an optimal solution to bringing a contentious, drawn out process to a quicker end. Mediation is the way this is often done in family law cases. The process can be instrumental in ...
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  • DIVORCE MEDIATION

    Divorce Mediation. What is it? Simply put, divorce mediation is the reaching of a divorce agreement without involving the court and using the assistance of a neutral third party. It is a process that can, and usually does, save you and your spouse thousands of dollars in legal fees and costs. Our approach to divorce mediation is to concentrate on communication and problem solving. Mediation is not ...
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  • JUSTICE IN THE NJ FAMILY COURT? DON'T COUNT ON IT.

    People who have never been exposed to the NJ family court system have certain expectations of how it works. We can thank shows like Law & Order and The Good Wife for showing the average person how justice is allegedly dispensed in our state. Those who have already been through it, and all of the attorneys, know that the truth is quite gloomy and, in many cases, scary. We find it difficult to ...
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  • ARBITRATION: A BRAVE NEW WORLD

    Arbitration is a form of Alternative Dispute Resolution, which can be used only by mutual agreement by the parties. The purpose of this form of alternative dispute resolution is to remove cases from the courtroom and allow the parties to have their case heard by a neutral party in an expeditious and cost effective fashion. An arbitration proceeding may proceed very similarly to that of a ...
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  • NEW PROCEDURE FOR NJ GRANDPARENT VISITATION RIGHTS

    A grandparent’s right to see his or her grandchildren is something that can cause a great deal of emotions. When a grandparent brings an action before the court to compel a parent to allow them to see their grandchildren, you already know that things are not going well within the family. The burden to convince the court to override a parent blocking access to grandchildren is high and complex. ...
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  • TOP 10 FACTS ABOUT NJ DIVORCE YOU DON'T KNOW

    NJ Divorce is difficult and emotionally draining. There is little good about getting a divorce except that it allows you to move on with your life and start a new chapter. We tell our clients that we cannot tell you if you should get a divorce, as that is a personal decision that is more complex than most of us will admit. When looking at moving forward, we have compiled a list of 10 facts that ...
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  • BEWARE OF THE ORAL AGREEMENT.....UNLESS YOU REALLY MEAN IT

    Recently, we were reminded of the danger of making an oral agreement. When a party makes a settlement offer that is accepted, even orally, it can create an enforceable contract. Being careful what you agree to sounds obvious, but there are actually legal reasons why it matters what you say around your spouse in the context of a divorce. We have an appellate case that basically says that the court ...
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  • I Think My Spouse's Divorce Attorney Is The Problem...What Can I Do?

    Divorce is hard. Finding the right divorce attorney for you is equally hard. However, there are two things you cannot control in your divorce : the judge assigned to your case and the divorce attorney your spouse retains. Is there anything you can do about the things you cannot control? When it comes to the judge assigned to your case, your divorce attorney will likely be able to tell you ...
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  • Trying To Settle A Divorce Pre-Complaint Can't Be Dangerous, Can It?

    We always recommend that people try to settle a divorce before filing a complaint. The most important reason we give for this approach is that filing a complaint for divorce puts your life into the court system. You are required to file various documents and attend court appearances. Often, when you settle a divorce before going into the court system, you save a great deal of money, time and ...
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  • How Much Does A Divorce Cost In New Jersey?

    The most popular question we are asked on an initial consultation is: how much is does divorce cost in New Jersey? That seems like such a simple question, but the answer is anything but simple. The divorce cost in New Jersey can range from a couple hundred dollars to a hundred thousand dollars. You can imagine that potential clients do not like to hear that sort of range. The truth is that the ...
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  • Top Ten Things You Can Do To Get A Fast Divorce

    Ever wonder how to speed up the divorce process? Here are the Top 10 things you can do to get a fast divorce: File a complaint – Sometimes it is preferable not to file a complaint right away with the intention of ironing out the terms of a settlement agreement before the court has to get involved. However, if your spouse is dragging his or her feet and won’t play along, you have no choice but to ...
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  • Divorce By The Campfire: Just A Dream?

    As I sit by a campfire on a beautiful late August evening, I cannot help but ponder how many divorces could be easily settled in this environment. By the time a divorce has been filed and the parties have backed into their respective corners, it is hard to break down the emotional walls that they have erected to protect themselves from emotional injury. Forgetting that a divorce is often a ...
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