Recommend DIVORCE MEDIATION: AN ALTERNATIVE TO LITIGATION (Email)

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By Risa A Kleiner, Esq.

What is mediation? Mediation is a process in which the husband and wife work with a neutral third party who facilitates an agreement on child support, alimony, equitable distribution and other issues involved in their divorce.

*When is mediation an appropriate alternative to litigation? Mediation may be an appropriate alternative to litigation when both parties seek to resolve their divorce issues by agreement and want to avoid a trial or other adversarial court proceedings. Mediation may not be appropriate if there has been domestic violence in the family, if one party feels controlled by or fearful of the other party or if either party is not willing to provide full disclosure of their income, assets and debts.

*Who should mediate? The mediator is a neutral person, preferably an attorney or mental health professional, who has completed formal training in mediation and has been accredited by the sanctioning body of professional mediators in that given state (New Jersey Society of Professional Mediators in the case of this author).


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