Family Law Attorney Helps Clients Divorce Without Court

The Art of Mediation and Arbitration

By Cynthia Burns

Tanya Freeman, an attorney and Chair of the Family Law Department at Weiner Law Group LLP, believes in the benefits of keeping divorcing couples out of court. She is a proponent of mediation or arbitration to reach a settlement in many cases, either before or after the complaint for divorce is filed.

What Freeman seeks is to handle the entire proceedings through mediation or arbitration. A primer: with mediation the parties work with a qualified mediator who facilitates reaching a settlement. The results are non-binding. With arbitration, the parties may decide to allow the arbitrator to serve as the decision maker and the proceedings unfold much like a trial. The arbitrator makes a decision that the parties can accept or reject. Freeman explains another benefit of arbitration is the ability to select dates in closer succession than if you were in Court. Freeman explains, “it is emotionally charged, but you’re in control of the calendar.”

“There are many benefits to mediation,” says Freeman, who is also a mediator. “You determine your destination. It is a way to test the flexibility of a settlement proposal. It’s cost efficient and provides more time to discuss financial and custody issues.” She describes mediation as shuttle diplomacy. “You can caucus, meaning go back and forth between the parties and their attorneys with suggestions and counteroffers.”

When mediation or arbitration are successful, the settlement agreement is fully executed and the parties can proceed with an uncontested divorce. During COVID-19 the court system adopted divorce by affidavit. Questions a judge would ask at the final hearing for divorce may now be provided by way of an Affidavit. According to Freeman, this process allows couples to finalize their divorce without taking additional time to appear in court.

TANYA FREEMAN, PARTNER, WEINER LAW GROUP LLP is located at 100 Eagle Rock Avenue, Suite 105, East Hanover. Contact: 973-939-0100 or tanyafreeman.law

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