Eleventh Hour New Jersey Divorce Facilitation
9772
Society > Divorce
Mar 1, 2007
Curtis J. Romanowski
Eleventh Hour New Jersey Divorce Facilitation
Mediation and most other forms of alternate dispute resolution are typically employed in advance of the Court process. Mediated agreements, for example, might limit the parties' involvement with the Court to placing the Matrimonial Settlement Agreement on the record, voir dire on the agreement and cause of action, and putting the divorce through on an uncontested basis.
Eleventh hour NJ divorce facilitation, shortly before a scheduled Trial date, differs greatly from divorce mediation convened early on in a case. When mediation is attempted before any litigation begins, the parties often attend without their attorneys. The mediator tries to help the parties reach an agreement by promoting a resolution of the issues.
In such situations, employing the widely used facilitative mediation approach, the mediator must be very careful not to provide legal advice to the parties. This is difficult, particularly when the mediator is an attorney. Although NJ divorce attorneys usually do not attend mediation before or during the early stages of litigation, it is generally advisable for the parties to consult with legal counsel prior to participating.
Later in the litigation, attorneys are usually a part of the mediation or facilitation process. This is also true of Progressive Divorce and Collaborative Law approaches. This allows the mediator/facilitator to approach things in a somewhat different way. The mediator/facilitator can be creative in discussing alternate resolution options with the attorneys, as well as with the parties. The attorney mediator/facilitator does not have to be as concerned regarding the perception by a party that the mediator is giving legal advice when the parties' attorneys are in attendance.
The mediator/facilitator, employing a form of shuttle diplomacy, can caucus with each side individually, allowing separate discussions to take place in confidence. This is particularly important with Trial coming up and the need to preserve the unknown elements of certain litigation strategies.
Shuttle diplomacy also allows the mediator/facilitator to buffer non-productive emotional responses, particularly since emotions often run high this late in the litigation. Separation is usually mandatory where there are Domestic Violence restraining orders in place, and advisable where there are power imbalances between the parties.
An eleventh hour mediation/facilitation can bring a fresh outlook to the case. By the time a case is on the brink of trial, even the attorneys may be emotionally involved or overly sensitive to the issues in the case. The parties are usually well entrenched within their respective positions. The mediator/facilitator has a fresh viewpoint, more objectivity and less ego investment in a particular set of positional aspirations. The relative lack of competitive motivation and fear of loss on the facilitator's part breeds creative thinking and problem solving.
Opportunity for solution advancement always accompanies neutral third party assessments and observations during the course of pending divorce and custody matters. This is one of the reasons why Early Settlement Panel projects in use in many States have been so successful in fostering case settlement. In some cases, an adversary may be providing inaccurate legal advice to the client. In other cases, an attorney may have a client who will not listen to advice. The mediator/facilitator can help in both situations by providing a competent outsider's prospective.
While the list of advantages characteristic of cooperatively derived solutions to disputes is as long as the list of disadvantages associated with litigated outcomes, the costs and trauma of litigation can never be overlooked as an important reason for opting out of it.
Taking Your Case to Eleventh Hour Mediation/Facilitation
The first step involves deciding what variety of mediation style is best suited to the particular case, as well as what the professional qualifications of the dispute resolution professional should be. Some mediators are practicing family lawyers; some are not. Faciltative mediators view their role as empowering the parties to reach a resolution without imparting their viewpoints, while evaluative mediators take a more direct approach and will participate actively in the resolution of the issues. This is particularly true where the mediator/facilitator is a family lawyer. Generally, the latter style is likely to be the most effective in a case which is going to mediation on the eleventh hour.
Both before and following the selection of the dispute resolution professional(s), clients should be oriented to how mediation/facilitation works, both generally in specific. Clinging to bargaining positions must be discouraged and even identified as one of the reasons settlement had not already been reached. Clients should be directed to concise, understandable texts and articles on effective negotiation and conflict negotiation practices. They must likewise be given guidance concerning the manner in which they should communicate during any problem solving sessions, in order to avoid unproductive exchanges and personal slights.
Clients should always know their ultimate objectives, and what the value of each is to them, now and in the future. They should always be challenged whenever their perception of relative value might be distorted by the tensions of the current situation.
Once the eleventh hour mediation/facilitation session has been scheduled, clients and attorneys alike must set themselves up for success by preparing and committing themselves to adopt attitudes and behaviors consistent with the spirit and objectives of collaborative problem solving. Sun Tzu's The Art of War and Carl von Clausewitz' On War should be shelved in favor of the counterpoint of Christ, Buddha and Gandhi, to name but a few.
Eleventh hour NJ divorce facilitation, shortly before a scheduled Trial date, differs greatly from divorce mediation convened early on in a case. When mediation is attempted before any litigation begins, the parties often attend without their attorneys. The mediator tries to help the parties reach an agreement by promoting a resolution of the issues.
In such situations, employing the widely used facilitative mediation approach, the mediator must be very careful not to provide legal advice to the parties. This is difficult, particularly when the mediator is an attorney. Although NJ divorce attorneys usually do not attend mediation before or during the early stages of litigation, it is generally advisable for the parties to consult with legal counsel prior to participating.
Later in the litigation, attorneys are usually a part of the mediation or facilitation process. This is also true of Progressive Divorce and Collaborative Law approaches. This allows the mediator/facilitator to approach things in a somewhat different way. The mediator/facilitator can be creative in discussing alternate resolution options with the attorneys, as well as with the parties. The attorney mediator/facilitator does not have to be as concerned regarding the perception by a party that the mediator is giving legal advice when the parties' attorneys are in attendance.
The mediator/facilitator, employing a form of shuttle diplomacy, can caucus with each side individually, allowing separate discussions to take place in confidence. This is particularly important with Trial coming up and the need to preserve the unknown elements of certain litigation strategies.
Shuttle diplomacy also allows the mediator/facilitator to buffer non-productive emotional responses, particularly since emotions often run high this late in the litigation. Separation is usually mandatory where there are Domestic Violence restraining orders in place, and advisable where there are power imbalances between the parties.
An eleventh hour mediation/facilitation can bring a fresh outlook to the case. By the time a case is on the brink of trial, even the attorneys may be emotionally involved or overly sensitive to the issues in the case. The parties are usually well entrenched within their respective positions. The mediator/facilitator has a fresh viewpoint, more objectivity and less ego investment in a particular set of positional aspirations. The relative lack of competitive motivation and fear of loss on the facilitator's part breeds creative thinking and problem solving.
Opportunity for solution advancement always accompanies neutral third party assessments and observations during the course of pending divorce and custody matters. This is one of the reasons why Early Settlement Panel projects in use in many States have been so successful in fostering case settlement. In some cases, an adversary may be providing inaccurate legal advice to the client. In other cases, an attorney may have a client who will not listen to advice. The mediator/facilitator can help in both situations by providing a competent outsider's prospective.
While the list of advantages characteristic of cooperatively derived solutions to disputes is as long as the list of disadvantages associated with litigated outcomes, the costs and trauma of litigation can never be overlooked as an important reason for opting out of it.
Taking Your Case to Eleventh Hour Mediation/Facilitation
The first step involves deciding what variety of mediation style is best suited to the particular case, as well as what the professional qualifications of the dispute resolution professional should be. Some mediators are practicing family lawyers; some are not. Faciltative mediators view their role as empowering the parties to reach a resolution without imparting their viewpoints, while evaluative mediators take a more direct approach and will participate actively in the resolution of the issues. This is particularly true where the mediator/facilitator is a family lawyer. Generally, the latter style is likely to be the most effective in a case which is going to mediation on the eleventh hour.
Both before and following the selection of the dispute resolution professional(s), clients should be oriented to how mediation/facilitation works, both generally in specific. Clinging to bargaining positions must be discouraged and even identified as one of the reasons settlement had not already been reached. Clients should be directed to concise, understandable texts and articles on effective negotiation and conflict negotiation practices. They must likewise be given guidance concerning the manner in which they should communicate during any problem solving sessions, in order to avoid unproductive exchanges and personal slights.
Clients should always know their ultimate objectives, and what the value of each is to them, now and in the future. They should always be challenged whenever their perception of relative value might be distorted by the tensions of the current situation.
Once the eleventh hour mediation/facilitation session has been scheduled, clients and attorneys alike must set themselves up for success by preparing and committing themselves to adopt attitudes and behaviors consistent with the spirit and objectives of collaborative problem solving. Sun Tzu's The Art of War and Carl von Clausewitz' On War should be shelved in favor of the counterpoint of Christ, Buddha and Gandhi, to name but a few.
Content Provider: http://www.traffichelp4u.com
By Curtis J. Romanowski, Esq., New Jersey Divorce Attorney. Voted New Jersey Super Lawyer, Family Law for the 2nd consecutive year, expert in NJ Divorce & Child Custody Law. Article reproductions must include a link to www.divorcenewjersey.com/
Write a Review
Add to My Favorite
Refer it to Friend
Report Article
Other links owned by this user
1. How Enforceable Is Your Prenuptial Agreement? - Part One ? Nj Divorce Law Prior To The New Jersey Pr
Prenuptial agreements have increased in popularity in New Jersey. These agreements are entered into to protect assets and to avoid or limit liability for spousal support and to avoid what could otherwise be a prohibitively expensive
Category:
Part Two ? The New Jersey ital Agreement Act Part One of this two-part article dealt with NJ Divorce Law Prior to the New Jersey ital Agreement Act. New Jersey divorce lawyers would do well to recognize that the New Jersey
Category:
As NJ divorce attorneys, we are trained to be advocates in the process known as "adversarial. Many of us self-selected into the legal profession partly because our underlying personality and temperament traits are geared toward advocacy. Similarly,
Category:
Mediation and most other forms of alternate dispute resolution are typically employed in advance of the Court process. Mediated agreements, for example, might limit the parties' involvement with the Court to placing the Matrimonial Settlement Agreement
Category:
The first step in the process of pising something is to label it. There are countless mediation models, many of which come with their own labels; such as team mediation, transformative mediation, etc. Most of these, and their practitioners, can be
Category:
Other links at Society > Divorce
Current info about Annulment is not always the easiest thing to locate. Fortunately, this report includes the latest Annulment info available. Annulment is a legal procedure for declaring a marriage null and void. Annulment differs from
Category:
A look at how car hire has helped one woman escape from a difficult situation.
Category:
When couples are walking down the isle together, there is one thing that they do not say, but are all thinking. Up to 60% of marriages today will end in divorce and they are thinking about what are the top reasons for divorce. They also are wondering why
Category:
As most married uples know, there are natural ups and downs in every relationship, this article does not discuss the regular every day stress related fights and arguments between uples but a more serious situation where both partners are seriously
Category:
Many families are unsure about divorce but their minds are continually clouded by thoughts of divorce.
Category:
Site Sponsor
Directory Statistics
Articles: 68285
Categories: 501
Yahoo Entertainment
