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Madison, NJ 07940
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Alternate Dispute Resolution Tools
The Attorneys at Dalena & Bosch, LLC are trained in several Alternate Dispute Resolution tools to help reduce the cost of a divorce whether it be Mediation, Collaborative Divorce, or Cooperative Divorce.
Mediation can be a useful tool in reducing the cost and emotional trauma of divorce on a family.
The mediator’s role in Divorce Mediation, is to manage the process, in order to make sure both parties are heard, understood and that enough information about the parties’ situation and the law is presented so that an informed decision can made by both parties prior to reaching an agreement with respect to the conflict at hand.
The role of the mediator is to facilitate a conversation between the parties and also makes sure that conversation is held from a place of understanding and reasonable equality of influence. For some clients, feeling “heard” by a neutral third party is a key step in being ready to reach an agreement and the mediator can provide this function.
Collaborative Divorce Practice
Collaborative Divorce Practice is also a voluntary process, but one in which lawyers are present as allies for the parties, but agree not to be involved in litigation with their clients if the process breaks down. In Collaborative Divorce Practice there are often mental health and financial professionals who work together with the lawyers to form a collaborative team that attends to the emotional, financial and legal aspects of the parties’ situation. The collaborative team is jointly responsible for managing the process for the benefit of all parties. For some clients, who prefer a team approach, or prefer more support in the divorce process Collaborative Practice can be the right option.
Cooperative Divorce is another dispute resolution process that works virtually the same way as a Collaborative Divorce in that a party has a supportive team to support him or her through the process except that if the process breaks down and litigation ensues, the party is not required to retain a new attorney.
How do the parties choose the process? There is no one process that is the right answer for everyone. The right process is the one that meets the needs for each individual situation. Contact us for more information.