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Mediation
Like collaborative divorce, mediation is
a non-adversarial means to obtain a just and mutually agreeable
settlement without recourse to the court system. Both processes
have the advantages of a speedier and – many times
– less costly resolution for the disputing parties.
Both are as equally binding as a courtroom settlement.
Unlike collaborative divorce, however, mediation
requires that both parties meet with a neutral mediator,
who helps them reach an agreement concerning financial issues,
custody, and parenting time. Because the mediator does not
give legal advice, both parties should consult an attorney.
The mediator will prepare a Memorandum of Understanding,
which is not signed by the divorcing couple but taken to
their respective attorneys. The attorneys will draft a formal
Property Settlement Agreement based on the memorandum, which
both parties will then sign.
Other
disputes amenable to mediation are decedents’ estates
and commercial litigation.
Attorneys
Elizabeth Dalena and Corinne
DeStefano were fully trained in the mediation process
by the Institute of Dispute Resolution; both have successfully
interned in the Practice of Divorce Mediation at the Institute
of Dispute Resolution. Both have had more than 10 years’
experience in the field, helping numerous parties reach
an agreement
– equitable to both – without the strain and
expense of courtroom litigation.
As mediator, Ms. Dalena or Ms. DeStefano
will meet with both parties to the dispute or with one or
the other party alone – as needed. The goal is to
help both reach an agreement that will satisfy the needs
of all concerned.
To
schedule a preliminary office consultation at the law firm’s
Madison, New Jersey, offices, please contact
us today. Your messages will be answered promptly.
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