Mediation in Contested Divorce Cases in East Brunswick

Mediation in Contested Divorce Cases in East Brunswick

There is a Latin term called parens parentis, which essentially mandates that a judge, at all times, must focus on the best interest of the child, no matter what other issues may be occurring.

Frequently attorney advise clients that a person is important to the judge and the other parent is important to judge, but no one is more important to the judge than the child. The judge is going to do whatever it takes to make sure that child is protected, even if it is something that does not make the parents happy.

Mediation in contested divorce cases in East Brunswick is supposed to one way of mitigating conflict between parents and making the divorce process easier for the child. If you want to know more, call an experienced divorce lawyer today.

How Does an Uncontested Divorce Become Contested?

When an uncontested divorce becomes contested, that usually means something went wrong while the spouses were discussing settling their outstanding divorce issues. All it takes is one point of contention, and then all of a sudden the former spouses agree on nothing, and mediation becomes necessary.

Protecting Children in Contested Divorce Cases

Divorce lawyers promote two parents learning how to co-parent together in a civil, friendly manner so the child is not harmed in any way. The goal is to insulate the child from the process as much as possible, which is where mediation in contested divorce cases in East Brunswick comes in.

Signs a Child is Affected by the Divorce Process

There are two things that the divorce attorney looks for. One is a child who is always an honor roll student and suddenly their grades are falling. The second is a child who has always been very well behaved and all of a sudden is getting into trouble and acting out.

Those are the two tell tales. Most divorce attorneys will counsel their client concerning necessary conversation about what the child is hearing; are the parents fighting in the presence of the child.

Even at the very tender years of two and three-year-olds, children are sensitive and know something is wrong. That is something that is done across the board, to protect children at all times; to implore the clients to get along for the sake of their children’s welfare.

Judges in Contested Divorce Cases

Judges of the Family Part of the Superior Court of New Jersey, in a contested divorce, will strive to help the parties to settlement and agreements. Many times it is done with a private meeting in the judge’s chamber with only the two attorneys present and the judge will give both lawyers the judge’s opinion with respect to certain outstanding issues which is the judge essentially putting their hand in that case.

Then the attorney will go to their client and explain what the judge is planning, what they think is fair and why, and hopefully the client will agree with the judge. The client should very seriously consider this option for settlement.

Role of a Mediator

An uncontested divorce is definitely simpler, quicker, and less expensive. The Family Part of the Superior Court of New Jersey is geared to promote settlements. Mediation is another avenue for the parties that can lead to settlement of a contested divorce, which now becomes an uncontested divorce, very early on in the litigation.

Through the course of litigation and civil procedure, the family court here in New Jersey is geared for settlement. There is a big court event approximately halfway through a contested divorce called an early settlement panel. This is essentially a nonbinding arbitration comprised of two experienced attorneys in family law, who are appointed by the courts to volunteer several times per year to help settle cases. This panel can be instrumental in ensuring the success of mediation in contested divorce cases in East Brunswick

With an Early Settlement Panel event, there are two panelists who are experienced in Family Law in the county. There is no vested interest in the case, so the attorney panelists are there to help settle the case. With the high volume of divorces, especially in Middlesex County, that is what judges are looking for; lawyers who can help settle cases and clear their dockets.

Early Settlement Panel Process

The Early Settlement Panelists will volunteer their time to bring forth a non-binding recommendation. Neither party is forced to take the recommendation.

The two lawyers go in to meet with the two panelists; they make their respective arguments, and the panelists will probably ask a handful of questions that they feel they need to know in order to make a recommendation.

They will then excuse the two attorneys and then deliberate amongst themselves over what they think a fair settlement would be based on the facts, the law, and the presentation of each respective lawyer. Then the panelists have all four people come in; both lawyers and both spouses. There is a little speech about it being a good idea to settle their case and listen to their recommendation.

Both parties can agree to it, both parties can disagree with it, and if that is the case, then that leads to the next significant event which is called an economic mediation. Economic mediation is an accelerated version of the early settlement process.

Economic Mediations

Early settlement panel goes pretty quickly, but economic mediation is different. Each spouse gets two to three hours from an experienced attorney at their office and each spouse is paying three lawyers. The best mediators have the ability to take two people who would not agree to anything and somehow get these people to come to an agreement.Economic medications have lasted one hour, somebody storms out, and that is that. They do not always work. If you wish to know more about mediation in contested divorce cases in East Brunswick, get in touch with an East Brunswick divorce lawyer today.


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