Mediation & Arbitration

Mediation and Arbitration are great alternatives to traditional litigation.

couple going through mediation and divorce

We like to put clients in control of their divorces and family law issues with creative, amicable solutions to tough issues as the mediator.

We try to change the way couples approach divorce and other family law issues, saving them time and money, and preserving relationships in the process. Because the courts are so overburdened, it can take years to get to a trial in New Jersey and even then clients still face possible appeals and future litigation post-divorce. In an effort to avoid the obvious emotional and financial stress the litigation process can cause, the professionals at Daly & Associates are guiding more clients to a settlement as a mediator. 

In a system where more than 95 percent of litigated divorces end in settlements, Daly says mediation gets couples to final agreements faster, with more-agreeable terms and often saving them thousands of dollars.  It is why she is now focusing a larger part of her practice serving as a mediator.  Mediation works for most couples, even in contentious relationships, as long as the parties are willing to recognize the benefits of compromise to each and to set aside the emotional part of the split.

If you have the mindset that you’d like to resolve your family finances and custody of your children rather than spend the money in litigation—then you are probably a candidate for mediation. If you can ultimately get along under the guidance of an experienced mediator to manage some of the emotions and stressors, then mediation is probably the right choice for you.

What is Mediation?

Mediation is neutral process where parties select a neutral and then attend mediation sessions with or without lawyers. Family litigants resolve issues such as distribution of assets and debts, alimony, child support, custody and parenting time. Civil litigants resolve issues such as business, probate and employment issues. The mediator will not render a decision for you on an issue, but will assist the parties in coming to their own resolution of issues. Mediation is confidential, which means it is not admissible in court, and not a final resolution until there is a written agreement signed by the parties. In most family and civil cases, parties will be required to participate in mediation at some point in the process and so it is often beneficial to get the process started early to expedite a resolution of your matter.

Because of our lawyers’ considerable experience representing clients in litigation and in mediation and arbitration, we understand how many issues are resolved in court and can use that knowledge to assist parties in reaching a resolution in mediation, without having to litigate the matter at significant cost.

We love being able to assist parties in resolving their family disputes as a mediator  because it allows for more flexibility and creativity than litigation on issues like custody, child support, alimony, college contributions and separation of assets, including complex deferred compensation packages.  In court, a judge, who is bound and controlled by statutes and case law, will make a ruling on the issues before them at that moment and say it’s final. In mediation, the parties work together, with or without counsel, to find solutions that are best for them and their children.  Parties also move at their own pace in mediation, without the pressure of litigation deadlines.  “People appreciate having more control over the process.” Daly says.   Parents can hammer out detailed custody agreements with clauses for vacations, grandparent visitation, make-up time, babysitting, and parenting time and can have arrangements that differ significantly from “traditional” agreements.  Mediation also keeps children away from a party’s frustration and explosive anger that can come with litigation.  Mediation allows couples to plan for future events as well, whereas judges can and will only handle issues that exist in the present.  Daly says, “Couples in mediation can deal with the ‘what if’ now as part of a comprehensive settlement and avoid litigation and the significant costs that ensue from that in the future.”  For example, the parties can create a resolution to the termination of alimony in the future or contribution to a child’s college expenses that work for them and that they will probably never be able to achieve in litigation.

What is Arbitration?

Arbitration is another alternative to litigation. In arbitration the parties hire a private professional to hear their issues and make a decision on the issues presented, just as a judge would. At Daly & Associates, LLC, that professional is a retired Superior Court judge who sat in the civil and the family divisions resolving countless matters. Arbitration is beneficial to many litigants as it retains their privacy and often expedites the process and resolution of their matter. Contact us today to learn more about the arbitration process and how we can help you.

If you are seeking an alternative to litigation for resolution of your family law or civil law matters, contact us to speak with an experienced mediation lawyer or mediator.

Copyright © 2022 Daly and Associates, LLC. All rights reserved. Practice Limited to Family Law Matters, Domestic Violence, Mediation, Criminal/Municipal Court Matters, and Arbitration.