Before or during mediation it is a good idea to consult with a lawyer to learn more about your legal rights and responsibilities concerning such matters as child custody and visitation, child support, child care, spousal support, health insurance and the division of assets and liabilities. You may want to talk with a lawyer throughout mediation; it may help you decide what is best for you and your children.
It is advisable to have a lawyer review any proposals made in mediation before signing a final mediated agreement. This helps you create proposals based on realistic settlement expectations rather than raw emotions and helps insures that it included things requied by New Jersey law.
Your choice of attorney is actually more important than the number of consultations or the point at which you consult an attorney.
Many family law attorneys believe in the benefits mediation offers, however some do hold a rather cynical view and don’t feel it’s ever in your best interest to settle your divorce unrepresented by legal counsel. Some attorneys view mediation as lost business and so they downplay its use and effectiveness. Other attorneys believe that they should control everything, including your living arrangements, all communication and even access to your children, as part of a larger legal strategy. Of course, there will always be situations where such legal strategies and tactics may be warranted, but for many or even most of divorcing couples, this is counter productive to reaching a divorce settlement because it increases conflict, drives up the cost and ramps up lingering hostility that’s proven to have a devastating effect on their children and their own peace of mind.
What’s The Right Kind Of Attorney For Legal Advice If We’re In Mediation?
Your consulting family law attorney should be mediation-friendly, so to speak, and willing to advise and answer any questions regarding your legal rights and mediation . The Divorce Mediation Center of Marc P. Feldman maintains a relationship with local family law attorneys who are willing to consult with my mediating clients before, during and after mediation‚ and then use the Memorandum of Understanding reached during mediation to create your property settlement agreement and file your divorce paperwork in a professional manner.
Marc P. Feldman’s Divorce Mediation Center of New Jersey serves clients in Parsippany, Morristown, Morris Township, Morris Plains, Dover, Rockaway, Roxbury, ,Madison, Florham Park, Chester, Boonton, Chatham, Denville, Hanover, Florham Park, Kinnelon, Mendham, Mount Olive and all of Bergen County, Essex County, Hudson County, Middlesex County, Morris County, Passaic County, Somerset County, and Union County, New Jersey.