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Mediation

Mediation

All aspects of a divorce can be mediated. Custody, parenting time, support, and distribution of property are all subjects for mediation. It can be an alternative to litigation or a method used in conjunction with litigation to help the parties negotiate their settlement face-to-face by having a meeting of the minds rather than a court decision.

Both parties must want to address their issues in mediation as an effort to resolve them. Mediation can cost less, but not necessarily.

Full disclosure is necessary, whether by formal discovery or provided voluntarily. Some formal discovery tools in litigation are interrogatories, notices to produce, and requests for admissions. There are deadlines. It is structured in order to get the most complete information. Mediation does not use these tools, but the parties will need the same information. It can take more or less time.

If one party suspects less than full disclosure, mediation may not work. If there is fear and distrust and spite, which often is present in divorce, mediation may not work. These emotions can hinder the parties’ ability to think clearly. In these circumstances litigation is required to guide the case through the divorce process in a planned, scheduled sequence of steps.

Mediation succeeds with full disclosure of evidence and recognition by each of the parties that they will have to face compromises. The parties themselves will have to hammer out the terms of their agreement. The positive aspects are that no third party is deciding the terms of the divorce. Most divorces, however, settle whether it is through litigation or mediation.

The parties can mediate with or without counsel present. The mediator does not provide legal advice. Good faith disclosure of information is necessary. The parties may need experts and these neutral experts must be paid for by the parties. The mediator will usually prepare a memorandum of understanding reflecting the terms the parties have agreed to. This document should be reviewed by the parties’ attorneys and put into a property settlement agreement (PSA).

New Jersey attorney Tanya Helfand is a mediator. Her office, Helfand & Associates, is located in Morris County in Whippany, New Jersey. Helfand & Associates is fully prepared to offer our clients mediation, litigation, and collaborative divorce methods as resolutions to matrimonial conflict.

    Our Offices
    • Whippany Office
      575 Route 10 East
      Suite 1
      Whippany, New Jersey 07981
      Phone: 973-428-0800
      Fax: 973-428-0830
    • New York Office
      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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