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Bergen County New Jersey Divorce Mediator


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If you're contemplating the services of a divorce mediator, Kathryn A. Gilbert is one of New Jersey's top and trusted mediation attorneys, bringing more than two decades of experience as one of the regions most dedicated, fair and respected divorce mediators to the table.

Not all couples involved in a divorce may be cut out for a resolution through conflict mediation, but if so, there are many benefits that can be reaped through the mediation process. Resolving your differences through mediation, especially when provided through the services of an experienced mediation attorney, where the divorce law firm negotiation strategies always put your long-term interests, as well as those of your family members at the top of their priority list, can save you time, money and loads of acrimony and public display of private information.

Mediation in New Jersey, whether you are in Bergen County or anywhere else in the state, is handled as a voluntary process of self-determination, meaning you and your spouse create your own divorce resolution through the help of a mediator who serves as a facilitator during all law firm negotiation and family law and court actions. During facilitative divorce mediation a mediator may only give you legal information, not legal advice.

During the mediation process, divorce mediators will make sure all of the appropriate issues are addressed but cannot declare the agreement between two people as 'fair' or 'unfair' to either party, as the mediation attorney does not represent either party in the divorce mediation process.

Divorce Resolution Through Mediation

Generally (but not always) each party will also have his or her own local attorney who will review the final document created through mediation, known as 'a memorandum of understanding.' This document will form the basis of a property settlement agreement, which will be ultimately prepared by one of the acting attorneys.

The entire mediation process is generally much less costly and takes place outside the courtroom. You will ultimately still appear in Court just to finalize the matter but all of the issues will be resolved prior to what is typically a quick courtroom appearance.

Kathryn A. Gilbert can serve as your trusted mediation attorney, providing you nothing short of the best quality service any divorce mediators or mediation attorney in the country can offer.





PROS & CONS OF A COLLABORATIVE DIVORCE

It enables the divorcing couple, not a judge, to determine the terms of their settlement.It encourages mutual respect.It focuses on the needs of the children. It keeps private information out of the public domain, unlike in a traditional divorce. It usually costs less and takes less time than a traditional litigation.
It establishes a team approach instead of adversaries. Your lawyer supports you; your spouse's lawyer supports your spouse. But you all work together in formulating resolutions to your marital difficulties and, in doing so, retain control of the process. Nothing gets resolved in a collaborative process unless you agree to it. In matters requiring expert opinions, both parties can jointly hire one independent consultant. That helps shorten the duration of the case and reduce the overall expense. You and your spouse shape the agreements together -- which means you both are more likely to abide by them in the future. Such an arrangement diminishes the parental conflict the adversarial litigation system tends to generate, and helps protect children from facing the anguish and divided loyalties that result from going to "war". You can schedule meetings with all parties without waiting for court dates. That means you generally spend less time and, as a result, less money to achieve your goals of emotional and financial closure. It also means you eliminate the fear and anxiety associated with court proceedings.
First, both spouses meet with their respective Collaborative attorneys to discuss individual needs and concerns. Then, the couple and their attorneys meet in a series of four-way sessions to reach a settlement without involving the court. Every issue - including property division, parenting time allocation, and financial support - are discussed in these sessions. At times, on an as needed basis, other professionals including Mental Health Professionals and Financial Experts may become part of the “team” to assist couples in reaching amicable resolutions. Divorcing parties benefit from the skills, advice, and support of attorneys and other professionals experienced in the collaborative process while striving to work things out in a positive, future-focused manner. When a settlement is reached, attorneys file the appropriate paperwork required by the court, and the divorce is then finalized on an uncontested basis.
In the event the parties are unable to arrive at a settlement through the Collaborative Law Process, the lawyers withdraw from the case and the parties are free to retain trial attorneys to pursue their matter in court. The result is that the parties will have the best representation for each phase of the proceeding, and probably save time spent in a subsequent, costlier trial.
Your issues stay within the collaborative law setting. That gives you more privacy and greater confidentiality -- and less stress during an already stressful time. Collaborative family law focuses on all involved parties reaching a mutually agreed upon settlement of their disputes. The process results in valuable benefits, such as, the ability to continue to communicate with your spouse for the benefit of the children at the conclusion of your divorce. It creates a cooperative environment where communication remains open, which provides a setting where you can work with your spouse to meet your children's needs -- regardless of their ages. That helps set a tone for open communication and reduced conflict in the future.
Your issues stay within the collaborative law setting. That gives you more privacy and greater confidentiality -- and less stress during an already stressful time. Collaborative family law focuses on all involved parties reaching a mutually agreed upon settlement of their disputes. The process results in valuable benefits, such as, the ability to continue to communicate with your spouse for the benefit of the children at the conclusion of your divorce. It creates a cooperative environment where communication remains open, which provides a setting where you can work with your spouse to meet your children's needs -- regardless of their ages. That helps set a tone for open communication and reduced conflict in the future.
Divorce is a life-changing event for you and your family. During this time of high stress, you may have some of these or related concerns: How can I protect my children's best interests? How can I maintain control of the process and get a fair outcome? How will I get through this experience safely? A Collaborative Divorce Team, with both attorneys and mental health professionals, offers the support and expertise to guide you to the best possible outcome, allowing everyone in the family to move forward. Most, if not all aspects of getting a divorce, have the potential to stir up deep feelings which need to be understood so that they do not negatively impact the outcome.
It is not for everyone, particularly parties unwilling to negotiate. If a settlement cannot be reached, the couple's attorneys are required to withdraw from the case, and the parties would need to hire new attorneys to bring their case to court.

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