Litigation refers to using the civil court process and a judge to rule on your case. Although it is sometimes the only option, litigation can quickly become a significant investment of time and financial expense. It also gives the parties little opportunity to influence final outcomes that will affect their lives for many years to come.
Fortunately, there are alternatives to divorce litigation. Attorney Nancy S. Feinberg of Feinberg & Feinberg assists clients throughout the South Orange / Maplewood surrounding areas in all aspects of divorce mediation. Her experience includes representing clients involved in the mediation process as well as serving as a court-approved mediator for others, in which she represents neither party and instead facilitates the mediation process as a neutral.
Understanding Divorce Mediation And How It Works
In mediation, individuals and their counsel work with a neutral mediator outside of a court setting to resolve all the common issues in a divorce, including child custody and parenting time; child support and alimony; and the equitable distribution of marital assets, retirement accounts and other marital property.
The mediator does not make any decisions or judge who is right or wrong, but instead helps the parties explore the issues that they are facing as well as potential solutions.
Appointed By Courts, Sought Out By Other Lawyers
Because of her extensive experience — 40 years practicing family law — many lawyers seek out Nancy S. Feinberg to serve as a mediator in their divorce cases, knowing that the services she provides are unparalleled.
In addition to her role as a court-approved mediator, Nancy has served as a Matrimonial Early Settlement Panelist (MESP) for Essex County since the program began in 1991. She also serves on the Essex County Family Law Executive Committee. Her experience and her commitment to seeking amicable, practical resolutions where possible have earned her a reputation as one of New Jersey’s top family lawyers.
Use Mediation To End Your Marriage With Less Cost
There are numerous benefits of using mediation to settle your divorce outside of court. For more information about our mediation services, contact our firm at 973-378-8886.
Mediation has proven to be such an effective alternative to divorce litigation that New Jersey has built it into the court process by having the parties go to Early Settlement Panel and, if needed, economic mediation.
New Jersey courts advocate for mediation as an alternative to litigation not just because of its success rates, but also because of the significant benefits that it has for everyone involved. Here are 10 benefits of divorce mediation:
1. You retain more control over the outcome of your case.
In litigation, the judge has ultimate say over the outcome of the divorce and what is best for the family.
2. The mediation process is often less costly — both financially and emotionally.
Even litigating one issue or more in a divorce can be extremely expensive, not to mention stressful and emotionally draining.
3. Children often fare better when mediation is used to settle a divorce.
The chance of having an amicable environment for the children, instead of a hostile one, is much greater.
4. Mediation can be an effective way to minimize the time associated with divorce.
With mediation, you and your spouse can meet on your own time, as opposed to waiting for the court to set hearings.
5. It is much easier to keep your personal life private with mediation.
Court proceedings are typically public record, including divorce cases, while mediation is a private and confidential process.
6. You’ll both be more committed to reaching a resolution in mediation.
You will take a more active role in developing mutually beneficial resolutions tailored to your family’s unique needs.
7. The resolution is more likely to be sustainable following mediation.
Because you came up with the agreement yourselves, it is less likely that future disputes will arise, costing additional time and money.
8. Co-parenting is typically easier to do after a mediation compared with litigation.
When you work collaboratively during the mediation process, you will learn valuable skills that can be applied to co-parenting.
9. You can get as creative as you want with mediation.
The process allows you to think “outside of the box” and come up with a unique plan that meets each of your needs, concerns and goals.
10. There is no risk involved.
If mediation is not successful, you have the option to use the traditional litigation model to finalize the divorce.
We Can Help You Decide If Mediation Is Right For You
While we encourage clients to consider mediation when facing divorce or post-divorce modification, we also understand that it does not fit every situation or every case.
With 40 years of experience in divorce and family law, attorney Nancy S. Feinberg will carefully assess your unique situation and help you determine the best dispute resolution given your particular needs, concerns and goals. Contact our firm, located in South Orange, at 973-378-8886.