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How Are Mediation and Collaborative Divorce Different from Litigation in New Jersey?

There are a number of different forms of dispute resolution available for New Jersey divorces. As a result, our attorneys are well-trained and versed in many different alternative dispute resolution methods, in addition to general divorce negotiation and litigation strategies. Reach out to our firm today to learn more about how our skilled Morristown divorce mediation lawyers can help you.

What is a collaborative divorce in New Jersey?

In New Jersey, a collaborative divorce is defined as a conflict resolution method that demands both parties to sign a written agreement declaring their dedication to settling their legal issues outside of court. Just like mediation, the collaborative divorce process is concentrated on discovering an equitable and mutually advantageous to your legal conflicts. Collaborative divorce also is a beneficial way to save time and money.

You will want to keep in mind that a collaborative divorce does not necessarily involve an unbiased third party like a mediator or arbitrator. Rather, your Morris County collaborative divorce attorneys will help you work out your legal issues through open and direct communication and an understanding of what is fair in your given situation.

Collaborative divorce also resorts to the use of other non-legal professionals such as therapists, parenting experts, childcare specialists, and more. This practice is part of the collaborative mindset which is to say that both parties are treating one another with respect and empathy while reaching an amicable resolution. Many clients feel a collaborative divorce is an appealing option because of its holistic strategy for legal conflicts.

What are the benefits of mediation?

One of the most common alternative dispute resolution methods is mediation. There are numerous advantages of mediation, and the process is typically straightforward and simple to understand. An impartial mediator of mediation attorney will represent both clients throughout the mediation process. It is essential to note that while your attorney may either be your mediation attorney or your independent counsel, they are unable to play both roles.

Your mediator will collect financial and other legal documentation, hear the testimony and perspective of both parties, and view all of the facts at hand. Just like a judge in a courtroom, he or she will then issue a recommendation based on the facts of your case. Unlike a judge’s determination, these recommendations are not conclusive and may be accepted or rejected by each party.

While everyone wishes to resolve divorce matters through mediation and agreement, the litigation process is here for a purpose. Having a judge determine a case by using objective legal standards may be the only way to get a proper outcome.


At Townsend, Tomaio & Newmark, LLC, our seasoned divorce and family law attorneys ensure that through the process of resolving your family matter, you feel empowered, not overwhelmed. Providing unwavering support, undivided attention, and unflinching advocacy, our team invests in your cause, working tirelessly to pave your path toward a brighter tomorrow. If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.