Bergen County Mediation Lawyers
Committed to the Alternative Dispute Resolution Process
Reaching a divorce settlement can be a lengthy and complicated process, often involving emotionally charged disagreements, stress, and anxiety. For this reason, many people would like to reach an agreement outside of the courtroom. Alternative dispute resolution (ADR) methods will help couples do just that.
Our Bergen County mediation lawyers at TMO Law LLC have strong backgrounds in ADR processes. We will help you reach the best resolution possible.
What Is Collaborative Divorce?
Collaborative divorce is more than the usual give-and-take of negotiation. It is an entire process with unique incentives to reach a positive outcome.
The core of collaborative divorce focuses on spouses’ cooperation to reach a mutually beneficial agreement with a team of attorneys, financial experts, and other professionals. There are many significant benefits of the collaborative divorce process, including but not limited to the following:
- More control over the decision-making process
- Reduced conflict
- Confidential proceedings
- Open, honest, and informal exchange of information
- Full disclosure of relevant information
- Productive negotiation
- Tailored settlement agreements
- Typically less costly and time-consuming
In a collaborative divorce, both spouses must sign an agreement to participate and not file a complaint for divorce until a mutually beneficial settlement agreement is reached. The attorneys on both sides often agree that if the process does not produce a settlement, they will step away from the case and allow different counsel to take it to court. Thus, the lawyers are incentivized to reach an agreement rather than prolong the conflict. TMO Law LLC is committed to doing everything possible to reach a private resolution rather than having to air out disputes in a public courtroom.
What Is Mediation?
Mediation allows divorcing couples to control the outcome through guidance from a trained mediator. The mediator acts as a neutral facilitator during negotiations, providing structure to the conversation, identifying issues and priorities, and offering alternative solutions. Essentially, mediators can open lines of communication that might otherwise stay blocked.
Mediation also offers the potential to find common ground. This can be especially appealing to couples who are parents, business partners, and other spouses who expect to remain in contact after the divorce and prefer to find ways to be amicable.
What Is Arbitration?
Arbitration is a more confrontational process similar to courtroom proceedings, though not as formal. It is conducted on a schedule wherein the divorcing couple meets with a qualified arbitrator to deal with the key issues. The arbitrator effectively has the power of a judge to reach a verdict on the final settlement agreement. Arbitration is neither advisory nor litigation, but a process that provides flexibility with a beneficial structure for couples seeking resolution they cannot reach themselves.
Like mediation, arbitration is a process outside the traditional court system that provides more confidentiality than court proceedings, in which testimony and documents become public record. Arbitration is also often preferable to couples with high assets, business ownership, or other business interests they prefer to remain private. It is also utilized as a last effort to reach a settlement agreement out of court if collaboration and mediation efforts fail.