90% of divorces can be mediated, even in high conflict cases. Some individuals feel better having an attorney on stand by while they are going through the mediation process, this is where attorney assisted mediation can be extremely beneficial.
Before I explain the process of attorney assisted mediation, I think it’s important to have an understanding of some basic terminology.
Mediator-is a neutral third party who assists clients in arriving at an agreement. The mediator is not acting on behalf of anyone, instead is focused on resolving the issues or disputes. When it comes to divorce, the mediator will guide
the couple through the entire divorce process, keeping the communication flowing and helping the couple to arrive at solutions that can work best for the and their families. Mediators in New Jersey, Pennsylvania and New York do not have to be attorneys ( each state has different rules).
When selecting a mediator it’s best to find one who practices mediation full time as they will be the most skilled.
Attorney-is a person appointed to act for another in legal matters. When couples hire attorneys to represent them during a divorce, the attorney acts on their clients behalf. Communication goes directly between the two attorneys and not the actual couple that is divorcing. During this process the client is giving up their control. Imagine the game “telephone”, often times it becomes a game of he said, she said, they said.
Attorney Assisted Mediation– uses a mediator who is in charge of the process and guides the couples through the divorce. Helping them to go through the issues of parenting, child support, equitable distribution and spousal support. The attorneys can be used for the clients as an advisor when necessary. The attorneys are typically mediation friendly and their goal is to assist the client with any legal issues that may arise that the client doesn’t feel confident in making a decision.
In Attorney Assisted Mediation the attorneys can be used as much or as little as the client decides. These attorneys will charge by the hour and not require an expensive retainer fee. The process saves couples a great deal of money and time than a traditional divorce or a collaborative divorce.
At the end of the mediation, depending on what state you live in, the attorney will file the divorce documents with the courts. It’s always best to check with your local state laws.
For more information on Attorney Assisted Mediation in New Jersey, Pennsylvania & New York, click here.