Resolving Family Law Issues Through Mediation
Family law issues do not always have to be adversarial. Mediation has become an increasingly popular option for resolving disputes between couples who are still able to communicate with one another. This process is often less expensive, less time-consuming and less contentious than arguing over issues in a courtroom. The attorneys at the law firm of Laemers, Murphy & Neggia, LLC, are all experienced mediators who can help determine whether this process is the right option for you.
Reaching An Agreement On Your Terms
In the mediation process, a mediator acts as a neutral third party to help couples reach a mutual decision regarding a family law issue. This process is most often used for divorce proceedings, although it can also be used for prenuptial negotiations and to reach child custody determinations for married and unmarried parents. Mediation proceedings are private and confidential, allowing you to discuss your issues openly while giving you the power to make your own decisions.
These proceedings are usually conducted in the mediator’s office and may require one or multiple sessions. The role of the mediator is to help the parties identify the issues that need to be resolved, what type of information is required to work toward a resolution and to aid the parties in negotiating an agreement. If the parties fail to reach an agreement in mediation, they may pursue a resolution through traditional litigation.
Frequently Asked Questions About Mediation
Do you have questions about the mediation process for family law issues? Here are some answers to common concerns by our clients:
Is mediation legally binding? How is a mediation agreement enforced?
Mediation is legally binding if parties have reached and signed an agreement and it has been approved by the court. Until a mediation agreement is signed and approved, any discussions or decisions are not enforceable. The court may not approve a mediation agreement if the terms of the agreement are clearly one-sided or illegal or for certain other reasons.
Once an agreement is signed and approved by the court, the agreement is legally binding and enforceable. If one of the parties bound by the agreement refuses to comply, then the other party may file a motion with the court to compel them. The court may subsequently impose fines, hold a party in contempt or take other action to force the issue.
What types of family law issues can be resolved through mediation?
Mediation can be used to resolve a number of family law issues. Some of the most common family law issues that can be resolved through mediation include:
- Divorce agreements: Negotiating the terms of the divorce, including alimony and asset division
- Post-divorce modifications: Modifying existing divorce orders for asset division, child support and spousal support
- Child custody agreements: Discussing child custody arrangements, including visitation, legal custody, holidays and communication
- Child custody modifications: Modifying existing child custody arrangements after significant changes in circumstances, such as job loss or relocation
The attorneys at Laemers, Murphy & Neggia, LLC, can help resolve family law issues through mediation, which is often cheaper, less time-consuming and more productive than litigation.
Is mediation appropriate in cases involving domestic violence or high conflict?
Mediation is generally not recommended if there are safety concerns or serious power imbalances between the parties, such as situations that involve domestic violence. Mediation works best when parties can trust each other and are willing to cooperate to reach an agreement that works for everyone.
In some situations, mediation can work even if there is high conflict without violence. A mediator can help parties communicate and navigate family law issues without escalating the emotions involved in a situation.
Our attorneys at Laemers, Murphy & Neggia, LLC, can help you determine whether mediation is right for your situation. If your family law issue involves domestic violence or high conflict, then we can help you explore alternative solutions to your problems.
Contact Us For Help With Alternative Dispute Resolution
To learn more about the mediation process and whether this might be the right fit for you, schedule a consultation with our lawyers by calling 973-869-5658. You may also contact us online and we will get back to you as soon as possible. From our office in Newton, we represent clients throughout Sussex County and surrounding areas of New Jersey.