New Jersey couples have more options than ever before when it comes to reaching a settlement regarding the end of a marriage. They are no longer bound by the adversarial court system that tends to breed contention. Mediation is a less contentious way to divorce, but in the last couples of decades, a new process was developed that encourages the parties to work together in good faith to negotiate a mutually satisfactory settlement — collaborative divorce.
One of the primary differences between this alternative method of dispute resolution and mediation is that there is not a neutral third party facilitating the process. Couples and their attorneys work together to negotiate a settlement that resolves all of the parties issues such as property division, child custody and support. The parties are encouraged to bring in neutral counselors, financial advisers and others to assist with determining the best resolution of a particular issue if needed.
The collaborative divorce process fosters an atmosphere of cooperation and compromise that New Jersey parents can carry with them into the future since they will always remain bound by their children. When the parties commit to the process, it can be less time consuming and expensive than litigation. If there are issues that the parties are unable to resolve, however, litigation is still an option.
If this is a process that a couple wants to consider, each of then should discuss it with his or her respective attorney. Staying out of the courtroom often results in a divorce settlement with which both parties are satisfied. Going through a divorce can make the parties feel as though their lives are out of control, but this method can help them regain that control, reduce stress and look forward to the future.
Source: FindLaw, “Collaborative Divorce: Overview“, Accessed on Dec. 4, 2016