Civil Mediation for NJ Alimony Cases Preferable to Litigation
Thursday, December, 22, 2011
For many alimony cases in New Jersey, civil mediation may be preferable to litigation, and for several reasons. Divorce in many cases is not necessarily an adversarial setting, and many people would prefer to settle things quietly. Rulings in litigations can vary widely, making them highly unpredictable. Additionally, courts are allowing fewer litigants due to the economy, making mediation even more appealing.
Mediation Attorney vs. Litigations
The goal of a mediation attorney is to bring both parties to a mutually agreeable conclusion, instead of “taking them for all they're worth.” Alimony was never meant to be a punishment, but a maintenance of their previous division of income. Treating it as a punishment unnecessarily draws out the litigation process and is highly cost-inefficient.
Again, with it in mind that so many divorcing couples would prefer to quietly “get it over with,” the efficiency of mediation cannot be overrated.
Divorce Mediation and Alimony Awards
Divorce mediation also makes alimony awards more predictable, since the ultimate decision will be based on mutual agreement. Particularly in New Jersey, alimony laws are complex and difficult to change. Interpretation of the laws is highly unpredictable from case to case. As a result, litigation attorneys have a difficult time advising their clients about the likely awards.
Civil Mediation and Economic Factors
In New Jersey and many other states, the strain of the economy makes litigation not only prohibitive to the clients, but to the courts as a whole. More and more, litigants are being turned away by the courts. That, or the slow-moving “wheels of justice” could set the litigation far later than either party cares for.
Civil mediation can bypass all of this red tape. When your goal is a quick and clean separation, mediation may be precisely what you need.