Why mediate your divorce or custody issues? Early use of mediation in a family law dispute can quickly allow parties to get back to the business of living their lives, reduce the significant financial and emotional burden of fighting, minimize the risk of loss, and increase the odds of a more favorable or mutually beneficial resolution.
Most importantly, however, mediation allows the parties, not the courts or the lawyers, to control the focus, pace, and cost of the discussion. Direct communication early on in a less formal environment allows the parties to focus on the issues important to them, and allows them to do so outside of the “public” eye of the courtroom and court process. Further, the parties maintain control of their own schedules rather than being forced to adhere to court deadlines, calendars, delays, and backlogged dockets.
Mediation also allows for creative or non-traditional approaches to resolution. Courts are limited by statute, case law, time and other considerations in how they can resolve a matter. You, as the arbiters of your own destiny in mediation, can seek solutions that work for your specific circumstances and make sense to you.
More than 95% of all divorce cases eventually settle. Even in litigation, the court requires every case to go through mandatory non-binding arbitration (Matrimonial Early Settlement Program) and then mandatory economic mediation. The question is whether you want to pursue that settlement at the beginning of a long, expensive process or at the end.
Sometimes litigation is unavoidable and inevitable, but why not take the opportunity to seek a mutually beneficial resolution that will quickly and inexpensively permit both parties to move on with the essential and enjoyable functions of life, parenting, and business.
Drew Molotsky, Esq. is a Rule 1:40 Qualified Mediator for the State of New Jersey. He is also a Certified by the Supreme Court of New Jersey as a Matrimonial Attorney.