Benefits of Choosing an Alternative Dispute Resolution Lawyer

Alternative dispute resolution options like mediation, arbitration and collaborative divorce, offer a cost-effective option for settling family law matters.

Why Out-of-Court Divorce Can Be Better

Out-of-court divorce options empower couples to resolve disputes in a cooperative environment, minimizing stress and adversarial interactions. These approaches often lead to more durable agreements that reflect the unique needs and priorities of both parties.

Key Advantages: Cost, Privacy & Control

Choosing alternative dispute resolution methods can help couples maintain greater control over the outcome, protect their privacy, and reduce legal costs compared to traditional litigation. Mediation and collaborative divorce encourage open communication, allowing for customized solutions that work best for your family, and keep sensitive family matters out of the public record. Additionally, these processes typically move faster and with less emotional upheaval, making them an attractive option for those seeking a respectful and efficient resolution.
By avoiding lengthy litigation, families can focus on healing and moving forward in a respectful manner.

How We Can Help

Our attorneys have extensive experience with the mediation process. We are able to guide you through the divorce process and explain each step along the way.

Divorce Mediation: A Neutral Path to Agreement

For divorcing couples who are looking to save time and money, divorce mediation can be an excellent alternative to traditional litigation. Mediation works successfully for many divorcing families. While we have found that cooperative couples more readily choose to mediate, families with high degrees of conflict can benefit just as greatly from mediation by avoiding the high costs of litigation, which can provoke even more conflict.

In addition to the cost savings, mediation in New Jersey provides several other benefits, including:

  • Increased privacy
  • Wider range of solutions
  • Higher level of client satisfaction
  • Quicker dispute resolution
  • Less conflict
  • Greater understanding of the other party’s point of view

DeTorres & DeGeorge Family Law Attorneys provide neutral, third-party mediators to help divorcing couples come to a divorce agreement either in combination with, or in lieu of, litigation. Mediation sessions can be held with or without an attorney present, and all communication is kept confidential and can never be used against you or your former spouse in a court of law. In the absence of an attorney, our mediators may explain the law, but they will never counsel any party as to whether a proposal is in his or her best interest. Rather, they will simply work to broker an agreement between you and your former spouse to ultimately help you reach an agreement.

How Divorce Mediation Works

The mediation process at DeTorres & DeGeorge consists of four parts:

  1. Client Orientation
    We will provide you with a comprehensive client packet and encourage you to ask any questions or voice any concerns you may have related to mediation. We’ll also schedule your first appointment with a mediator and ask you to sign a mediation agreement.
  2. Mediation Sessions
    During these sessions, your mediator will provide you and your former spouse with a safe place to communicate to help you create options for resolution and to help you think about open issues from various perspectives. While the first mediation session is always a joint one, the mediator will continue on with either individual or joint sessions as agreed until the settlement is reached.
  3. Post-Mediation
    Once your mediation sessions end, your mediator will prepare summary letters for both clients, as well as a memorandum of understanding, which incorporates the critical points of the agreement reached between the parties. Once the parties sign the memorandum of understanding, it becomes a binding contract.
  4. Drafting of Legal Documents 
    At your request, we may also draft judgments, property settlement agreements, disclosures, deeds, etc.

Understanding the Collaborative Divorce Process

Although relatively new to the New Jersey family law landscape, collaborative divorce can be a great option for couples who are looking to settle their divorce amicably without facing long, drawn out court battles. This alternative dispute resolution method, which was approved by former governor Chris Christie in 2014, often involves a team of experts (financial advisors, mortgage advisors, accountants, child experts, etc.) and can be faster and less costly than traditional divorce. Many divorcing couples find that the greatest benefit of collaborative divorce in New Jersey is that it allows the individuals to maintain control of the process and outcome.

Non-adversarial in nature, the goal of collaborative divorce is to minimize the conflict that is prevalent in so many traditional divorce cases. Instead of conflict, the collaboratively trained team of interdisciplinary experts uses cooperation and communication to achieve an agreement that is satisfactory to all parties involved. And instead of competing attorneys controlling the process, the divorcing couple determines both the process and the outcome. In cases where children are involved, the collaborative divorce process has proven to help them avoid the long-term financial and emotional costs of a bitter, divisive traditional divorce.

Collaborative divorce differs from mediation in that both parties and their lawyers sign a contract agreeing not to litigate and instead participate in this alternative dispute resolution process.

Collaborative Divorce vs. Mediation: Which is Right for You?

Mediation and Collaborative divorce are both forms of alternative dispute resolution, but there are some key differences that you would need to know before you choose which one is right for your divorce.

Key Differences & Similarities

With collaborative divorce, unlike mediation, you and your spouse are each working with your own, independent attorney. There may also be other experts included in the process. The distinguishing feature of collaborative divorces is that all parties and the attorneys must sign a contract called a participation agreement in which everyone agrees they will not file a court action for divorce before the case is fully resolved.
In most non-collaborative divorce cases, you pay just for your attorney’s time and perhaps an expert if it’s determined that one is needed. However, during the collaborative divorce process, additional individuals, such as counselors and financial planners, are required for the collaborative divorce process, it may result in being more costly. You will likely need to pay a retainer – or at the very least, the hourly rate – for all individuals who are involved in the case.

Find Your Alternative Dispute Resolution Lawyer Today

At DeTorres & DeGeorge, our attorneys have significant experience both in participating in mediation as advocates for our clients, and in the role of mediator. If you believe mediation may be right for you, please schedule a consultation with our attorneys today.

For more information, please call us at 908-304-9679.