Differences Between Litigation and Mediation for a Family Law Dispute
People in Morristown, New Jersey should get the facts about some of the creative uses for today’s prenuptial agreements.
Divorce can be very expensive. The process involves a lot of money, time and stress. As a result, many splitting couples are turning to an alternative – mediation. Mediation is a unique way of resolving disputes, which is conducted privately behind doors and not in the open courtroom. There are many benefits to this process.
Mediation is generally performed with the help of a mediator. He or she is a neutral third party to the matter. The mediator helps parties communicate and reach an agreement. However, the mediator does not advocate for either side or come up with a resolution. The neutral is more of a moderator. He or she helps empower parties in coming to a decision.
Unlike traditional litigation, the process does not involve a judge or decision maker. Instead, parties, on their own, reach an agreement that is beneficial to all involved disputants. There is no “loser” in the process. Participants aim to reach innovative solutions, which assist with everyone’s needs. Moreover, because parties are forced to communicate in this venue, it helps aid contact in future communications (post-dispute), if necessary.
Mediation is especially popular because it is flexible. In many family law disputes, including divorce, all stars have to align before the court can select a perfect court date. However, mediation is flexible. It can be conducted in the evenings or the weekends. Appearances do not need to be months apart. Instead, participants can meet several times a month. Because there is ample flexibility in scheduling the process, it is easier for parties to come together and reach a decision. While a resolution may be found in just a few months via mediation, many family law disputes take over a year to resolve in court.
The process is also cheap. It easily cuts out many of the administrative costs associated with appearing before a judge and court personnel. Disputants have more of a voice, too. An agreement or “ruling” is made by those involved in the dispute. It is refreshing to know that an uninvolved officiate is not making all of the calls. The confidential process can go in depth in a more intimate setting. On the other hand, a court appearance is public, making it hard to get deep into important issues.
Another important thing to remember is that mediation is final. The relaxed setting of the process does not mean that it is not official. The resolution reached by parties can be filed with the court. This means that parties will have to abide by the parameters of the agreement. Also, the process can be aided with the assistance of an attorney. A lawyer can ensure that your decisions are in line with your legal wishes.
If you would like to learn more about mediation and other alternatives for your matter, take the time to speak with a seasoned attorney who knows the ins and outs of family law.