Family Mediation
It’s a process where a neutral third party helps family members resolve disputes. It's voluntary and can be less adversarial, costly, and stressful than going to court.
Mediation is one way to get a result. It’s a process, not an end in itself. If the aim is to get a fair settlement, mediation can be an effective way to way to get there.
In divorce, mediation is so important, and so widely-used that the civil Courts have made it mandatory in divorce litigation. First, clients with children will be required to attend custody mediation. Second, clients will be required to attend post-ESP mediation, if their case is not settled by the time of the Early Settlement Panel (ESP). In addition to representing clients in cases, both Mia Cahill, Esq. and Elizabeth Smith, Esq. are court-qualified mediators pursuant to Rule 1:40 routinely chosen as mediators for post-ESP mediations in Central New Jersey.
For many of our clients, getting a jump on mediation can lead to faster, and more cost-effective results. In addition to the court-mandated mediation, we often work with private mediators who possess the particular skills needed by the client or dictated by the financial complexity at stake.
We always confer with clients about mediation and other kinds of dispute resolution before filing a complaint for divorce on behalf of a client. We attend mediation with some clients, and this is particularly useful where there is a big power imbalance between the couple, or if the legal or financial issues are particularly complex.
It’s not necessary to be in litigation to attend mediation.
There can be downsides to mediation, especially if it does not lead to a resolution of the conflict, or if it results in an unfair agreement. We discuss the potential pitfalls of mediation with our clients who are participating in mediation, to help them navigate this process.
Our clients should be prepared and informed about their case before attending mediation on their own, and our system of preparation tends to work well for many clients. When it works it’s best, mediation culminates with a Memorandum of Understanding “MOU.” This is a written representation of an agreement. Individuals should always confer with an attorney before signing this, or any other legal document.
Some clients prefer to seek our advice as they attend mediation without attorneys.
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Whether you are a new or existing client of the firm, Denigan Cahill Smith cannot represent you on any new matter until the firm has made a determination that there is no conflict of interest and that it is willing and otherwise able to accept the new engagement. Unless and until Denigan Cahill Smith has informed you it is willing and able to accept your new matter, do not send the firm any information or documents that you consider private or confidential.
