At any given time, your divorce litigation can be resolved by way of consent. However, built into the divorce process are at least three opportunities to pursue alternative dispute resolution on some or all of the issues in your case.
Custody and Parenting Time Mediation: If you and your spouse share children, you will be scheduled to appear for mediation to address their care, custody and parenting time to be shared between you and your spouse. With a great deal of success, courthouse mediators are able to reach consensus between spouses on how they intend to parent their children after their divorce. This often occurs without direct involvement of attorneys.
Matrimonial Early Settlement Panel: After you have concluded the discovery portion of your case, and have a clear picture on the economic realities of your family, two to three skilled family law practitioners who regularly practice in your county will review the economics of your case and propose a reasonable resolution. The panelists will hear information about your case, review the filed Case Information Statements and any additional documents prepared in advance by your attorney. The panelists will then confer about the case and render a settlement recommendation. While those recommendations are not binding on the parties, ordinarily those recommendations will be close to what a judge might order at the conclusion of a trial. Therefore, due consideration should be provided to those recommendations and they should serve as a guide for all future negotiations in the event settlement is not secured at that time.
Post-ESP Economic Mediation: If the economics on your matter have not resolved at the Matrimonial Early Settlement Panel, your case will be scheduled to appear at private, economic mediation. This mediation will be scheduled before a third attorney who also regularly handles matrimonial litigation. At the mediation session, the mediator will assist the parties in reaching an amicable resolution upon their independent review of the facts. Litigants should use this attorney’s experience and recommendations to understand the strengths and weaknesses of positions which may later be taken at trial.
At Shane and White, LLC, we are dedicated and thorough. We dive deep into all available information, uncovering facts about the case, and seeking settlement opportunities whenever possible. Contact us to schedule an in-person consultation at a time that is convenient for you. This consultation isn’t just for us to get to know you—it’s for you to get to know us. We can answer your questions about your situation, help you understand how the law may affect you, and tell you about your options for reaching a resolution by way of settlement. If you decide that you want to hire our firm, we will work closely with you to achieve the best possible results. Begin by calling our office at 732-819-9100 or contact us online.