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t h e m e d I A t I o n P r o C e s s
Traditionally, January is a popular month for divorce filings. Many
of our clients would rather avoid a potentially lengthy divorce process. For them,
there are alternatives, namely mediation. Roz Metzger, one of our Firm's family
law mediators, explains the process.
Victor A. Rotolo is a long-time resident of Clinton Township and
the founder of Rotolo Karch Law. Call Rotolo Karch Law today:
908.534.7900 to discuss any legal situation confronting you.
Your half-hour consultation is free of charge! Their attorneys
and staff are ready to serve your legal needs. Rotolo Karch Law •
502 US 22 West, Lebanon, NJ 08833. www.RotoloKarchLaw.com
"The mediation process is a form of alternate dispute resolution
(ADR) – a fancy term for working things out amicably. A neutral third
party (the mediator) assists you and your spouse or partner in reaching
agreements on all, or most, of the important issues facing you in a
divorce. This doesn't mean mediation is painless, or that you won't have
disagreements. The process simply allows you sufficient time to work
through emotional issues until you and your partner are both comfortable
that, although you have "given a lot," you also "got a lot."
Typically, the mediator meets with both of you for an initial consultation,
which can cost anywhere from nothing to the mediator's hourly fee. This
allows you and the mediator to see if you are all a "good fit."
The mediator does not have to be an attorney; she or he can be a social
worker, therapist, or a financial professional. It is helpful to find out all you can
about your mediator so you can assess his or her strengths and weaknesses...
and decide if you have the right mediator for your specific situation.
The mediator will gently guide you through the process and should not
permit either party to control the discussion or the mediation. Very often,
one party is not as vocal as the other. That's okay. An experienced mediator
will pay attention to the dynamics of your mediation to ensure that everyone's
voice is heard and that all concerns are addressed.
My preference is for each party to be represented by an attorney. Your
attorney may want to be present during the sessions but ultimately the
decision is yours. It is imperative, from my view, for each party to have
the protection of their own attorney and the ability to receive legal counsel
during the mediation process."
– Rosalyn A. Metzger, Esq.
Next month Roz will answer common questions relating to mediation.
