Perhaps the greatest advantage of divorce mediation is the ability to address a vast array of issues and to develop creative solutions for solving them. There is certainly no prototypical family and thus, no one-size-fits-all solution to addressing each family’s needs. Mediation provides spouses with the ability to collaborate with one another in developing the most suitable arrangements for their unique circumstances. These innovative solutions can address a myriad of issues ranging from child custody, visitation, and parenting time, to relationships with grandparents and extended family members, and religious concerns. Mediation can also facilitate discussion and mutual agreement on issues such as alimony, division of assets, and complex property distribution which may involve business interests or other conjoined assets. The beauty of mediation is that the process is limited only by each participant’s imagination and willingness to compromise.
Issues to Resolve During New Jersey Divorce Mediation
The following is a list of just some of the issues most commonly resolved during divorce mediation in New Jersey. Of course, your case will bring with it a unique set of concerns and priorities, which your mediator help you to navigate through.
Division of Assets and Debts
Financial issues can become highly contentious, as each party generally brings with him or her strong feelings about respective investments in the marriage and entitlements in leaving it. Mediation can significantly diffuse and deescalate the potential for conflict in these matters, allowing each party to voice their opinion and present their perspective. In addition, financial issues can become increasingly complex during litigation, as formal court discovery procedure requires a specific process to be followed before anything can be exchanged or accomplished. Mediation provides simplification during this process, allowing both parties to gather as much valuable information as possible and exchange it in a time-efficient manner. Without formal rules of evidence, the process of creating a comprehensive illustration of your financial situation is faster and more cost-effective for everyone involved. In more complex property distribution cases wherein financial analysts, appraisers, and other experts may be necessary, these experts can be called upon in a timely manner and the cost of their assistance can be shared.
Alimony and Spousal Support
The issue of alimony or spousal support is often among the most unpredictable in divorce cases, as there is no specific set of calculations or hard-and-fast rules for determining these arrangements. The purpose of alimony is to allow both parties to maintain a lifestyle that is similar to the one they enjoyed during the marriage, if possible. The provider of these payments, the person who receives them, and the amount ultimately awarded are determined by a host of factors, including each spouse’s employment situation, earning potential, and need for financial support. In addition, there are different types of alimony that may be provided depending on the specific circumstances. These include: pendente lite (temporary) alimony, open durational alimony, limited duration alimony, rehabilitative alimony, and reimbursement alimony. When considering the issue of alimony, New Jersey judges have significant discretion. Although they are provided with a list of criteria to evaluate, the weight of each relevant factor can vary based on the subjective assessment of the specific judge. Mediation provides an attractive alternative to the uncertainty of alimony proceedings, as it allows you and your spouse to discuss and evaluate all relevant factors in order to reach an amicable determination of the type, amount, and duration of alimony payments.
Child Custody and Parenting Arrangements
The most sensitive and significant discussions during mediation for divorcing parents often involve the parenting arrangements that will serve the needs of their children. With mediation, many more of the nuances involved in these determinations can be addressed, allowing both parents to participate in the development of a parenting plan. Clearly, no one has as much insight into the lives and personalities of your children as you and your spouse. Utilizing all of your shared knowledge, the two of you can produce the most substantive and beneficial strategies tailored to suit each child’s needs. Although issues of child custody can provide fertile ground for battles, mediation can help parents communicate their concerns in a safe and open environment. In addition, the agreements to be made in these cases are entirely customizable, ensuring that neither parent feels alienated or robbed of participation in their child’s life. As for decisions regarding the child’s upbringing, both parents can communicate their feelings about religious affiliations, holiday celebrations, participation in activities, educational concerns, and many other issues to reach amicable solutions. Ultimately, you make the decisions about your child’s future.
What types of cases can be resolved through Mediation?
Contact our New Jersey Divorce Mediators for a Free Consultation
Mediation is not for everyone, but it may be right for you. With a team of highly trained divorce and family law mediators, Townsend, Tomaio & Newmark has helped thousands of clients across New Jersey to resolve their specific divorce and family law matters. Providing support, guidance, and customized, creative problem-solving, our mediation services are tailored to suit the needs of you and your family.
Our team includes attorneys from a host of diverse backgrounds, many of whom have held positions within the New Jersey Family Court System, as well as those who have served as panelists for New Jersey’s Matrimonial Early Settlement Panel Mediation Program. Our knowledge of the law and compassion for people allows us to focus on the people while structuring the process. For a free mediation consultation with one of our gifted mediators, contact our offices in Hackensack, Bergen County at 201-897-6670 or Whippany, Morris County at 973-975-0476 anytime for a cost-free consultation.
