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 Whippany, New Jersey | New York, New York
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The New Jersey Court Rules require that parties to a divorce have been advised of the option to use mediation to resolve their divorce. Mediation can be done with both parties acting pro se or being unrepresented by counsel with the mediator assisting the participants to discuss their concerns and arrive at an agreement. Divorcing couples can use the mediator prior to filing the divorce complaint. The mediator does not represent either party. The attorney acting as a mediator conducts a cooperative process to help the couple together make the transition out of the marriage and for their future.

Some benefits of mediation are that the discussions are private and the couple can participate directly with each other about the issues facing them. The mediator attorney provides expert guidance on the legal issues and helps the parties reach a final divorce agreement which is legally sound.
The attorney who is the mediator cannot file the divorce complaint or appear for the final judgment. Each party may want his/her own attorney to review the settlement agreement to prepare the pleadings for divorce and to appear in Court for the final judgment. However, the case matter which is often basis for most of the litigation is already done (the Property Settlement Agreement).

Mediation can be a less expensive alternative, faster, and very successful. If the parties have been able to share and express their common goals and interests, there can be success with the couple adhering to their agreement for the post-divorce relationship.

The Property Settlement Agreement normally contains provisions for custody, parenting time, support, division of property, medical and insurance coverage. Each family has unique issues which become part of the Property Settlement Agreement.

A key ingredient for successful mediation is full, honest disclosure and cooperation. This is important for resolution, not only for financial matters, but also for custody and parenting time. In a divorce which is not mediated, the Court will require a Case Management schedule and provide dates for discovery and evaluations. Frequently, the Court will order economic mediation or custody mediation within the context of a contested divorce to assist the parties and to get past a contentious issue. The Courts always aim to encourage the parties settle their issues.

Tanya N. Helfand, Esq. concentrates in Family Law in NY and NJ. We have a free ½ hr. consultation. Tanya N. Helfand, Esq., is a Certified Matrimonial Attorney and mediator. The firm welcomes your questions and inquiries at [email protected] Everything is confidential. This article is not legal advice. Please consult an attorney.

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  • Whippany Office
    575 Route 10 East
    Suite 1
    Whippany, New Jersey 07981
    Phone: 973-428-0800
    Fax: 973-428-0830
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    420 Lexington Ave.
    New York, New York 10170
    Phone: 646-213-9053
Testimonials
  • "Without Tanya and her time, the really unpleasant experience of getting divorced would have been even worse. They were able to settle the matter very quickly and helped me fit this into my tight schedule allowing me to leave to move abroad for my dissertation research on time without having to delay the trip because of the divorce. They also did all of it within my very tight budget. Thank you so much for your help and dedication to my legal matter!"  - AG

  • "Tanya and her Associates are outstanding! What I admire most about Tanya is her knowledge of the law with her keen negotiation skills to foster mediation. Her strategies efficiently resolve conflict leading to the resolution of cases. She and her team have an outstanding work ethic, know what data are needed, and get the job done. It is a pleasure to work with such wonderful professionals."  - Tara, Whippany

  • "I found Ms. Helfand's knowledge and tenacity most reassuring during the ordeal of my divorce. She was steadfast in her guidance and was very effective in her negotiations on my behalf. I would recommend her without a second thought. "  -Jonathan

  • "Ms. Helfand was very professional and helpful with our bankruptcy case. Her advice was very useful and helped us make the proper decisions for our situation. In addition, she was very supportive during a very difficult time for us. Finally, she set very specific fee expectations and there were no surprises when it was completed. I would use her services again and would recommend her, without question."

  • "She is Incredible, very quick responding to the other party. Very professional and courteous. I highly recommend her. She has a great passion and love for every single case."

  • "Tanya and her team were very professional handling my divorce proceedings. She was very proactive in making the other attorney finally get the process moving forward. I would recommend her to anyone looking for legal services. "  -Scott

  • "Ms. Helfand strategized & processed, both, my Divorce & Chapter 13 Bankruptcy. As both cases were emotionally and legally challenging, Ms. Helfand proved to be an empowering Mentor along the path to clarity for which I am truly grateful. I highly recommend her legal expertise to anyone who is seeking a confident, savvy & caring attorney to become at peace with self and any legal matters."  -Vas

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