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Family Law

Equitable Distribution

 Determination and allocation of marital assets and debts. What is marital property? What goes into the pot for distribution. Whether to sell the house or not? Who gets to live in the house? What are the tax ramifications? All these and other issues are discussed at length in Mediation. 

Child Custody

 
New Jersey courts have a policy favoring shared parental responsibility and frequent contact between a child and both parents. Beyond this, courts can divide physical and legal custody of a child between the parents in any way that serves the best interests of the child. 

Parenting Time

 The time the non-custodial parents spends with the child. Frequent contact of with the child is encouraged depending on the physical proximity and circumstances of the non- custodial parent. New Jersey courts actively encourage the parents to decide on Custody, parenting time and child support by themselves. 

Child Support

 Whether they are married or not, both parents are responsible for supporting their children financially until the children achieve majority. The State offers a guideline to calculate child support. However the parents are free to deviate from it and determine their own child support amount based on their own circumstances as long as it does not fall below the recommended amounts in the guideline. 

Spousal Support

 It is one spouse paying support to the other after a divorce. It's designed to help a lower-earning spouse who may have been out of the workforce, raising children or earning very little, to get through the divorce and regain self-sufficiency. 

other related issues that are addressed in mediation

 Children with disabilities

Children’s college tuition

Custody, parenting time and holidays during COVID-19

Tax ramifications of equitable distribution, spousal support and child support

Children with disabilities

Children’s college tuition

Custody, parenting time and holidays during COVID-19

 Extended family issues (step parents, step-children, grandparents and other relatives)Parents and adult children (living at home) agreements 

 Tax ramifications of equitable distribution, spousal support and child support  

 Dissolution of same sex relationship

Pet related issues

Prenuptial

Post divorce issues

Cohabitation

Palimony

Decision making for elders

Estate issues 

CIVIL, BUSINESS AND OTHER AREAS

 Mediation is used effectively in disputes regarding labor-management relations, community disputes, employer-employee disputes, contract disputes and partnership formations and dissolutions.

Mediation aids in facilitating agreements which often develop in cases surrounding business and transactional matters. Almost all (95%) matters which are filed in the courts of law are resolved through negotiated settlement. The mediation process is designed to facilitate an early settlement and to significantly reduce the cost to the parties.

In many business dissolutions, partners have long standing relationships and many economic and non-economic ties. The mediation process helps partners move forward without engaging in a bitter adversarial process. It helps partners develop plans that are fair to all parties.

REAL ESTATE:

  Residential and commercial leases, commercial property development, landlord-tenant conflicts, boundary disputes, nuisance/noise issues, easements, eminent domain.  

EMPLOYMENT LAW RELATED ISSUES:

 Employment Law regulates the relationship between workers, managers, and owners to ensure everyone is treated fairly and respectfully.It includes Sexual Harassment, Workplace Harassment, Hostile Work Environment, Discrimination (race, sex, pregnancy, age, religion, disability) Unpaid Overtime (wage and hour lawsuits), Off-The-Clock Overtime (Forced to work Off-the-Clock), Retaliation and Whistleblower Violations, Family and Medical Leave Act, Severance Agreements, NJ Employment Agreements and NJ Non-Compete Agreements 

Other Areas Include:

 

Partnerships (formation, dissolution)

Professional liability claims

Breach of contract

Breach of fiduciary duties

Closely held business disputes

Construction disputes

Neighbor disputes

Family business disputes

Family estate transitions

Consumer disputes

Questions & Answers

Will I still need an attorney?

How does virtual (online) mediation work?

Will I still need an attorney?

 At the end of the mediation, the mediator will draft a Memorandum of Understanding, which you will take to your respective attorneys for review. One of the attorneys will draft a Property Settlement Agreement based on the Memorandum of Understanding. This will be review by the other party’s attorney. The property Settlement Agreement forms the basis upon which the divorce will ultimately be filed and granted.
Even when the mediator is a lawyer, he/she cannot give either party legal advice. During divorce mediation, we may provide legal information, but we will not give you legal advice. We encourage both parties to seek legal counsel during the process whenever they think it is warranted. 

How long does Mediation take?

How does virtual (online) mediation work?

Will I still need an attorney?

 Our sessions run in the increments of an hour and a half (90 minutes). We generally do not accept more than two cases on the same day to allow for flexibility of time to our clients.
The number of sessions required for divorce mediation varies widely and depends on the complexity of the issues to be resolved and the parties’ willingness to settle. Unlike litigated cases, the parties have more leeway and control over the length of time within which to settle. It is much shorter than a litigated case. 

How does virtual (online) mediation work?

How does virtual (online) mediation work?

What if we need an interim agreement. Is this possible?

 We meet over Skype or Zoom. In case of Zoom, the parties do not need to download it. They will receive a link from the mediator. They will log on from their current location. Separate virtual rooms will be available if the parties need to talk to the mediator privately regarding certain issues. All the documents will be kept in a database to which all the parties will have all time access. A status report will be emailed to the parties at the end of each session. At the conclusion, the mediator will draft the MOU which the parties will go over in the last session and make revisions or approve the same. 

What if we need an interim agreement. Is this possible?

What if we need an interim agreement. Is this possible?

What if we need an interim agreement. Is this possible?

 Yes, we can help you draw up interim agreements to cover immediate issues while you work towards full settlement. For example, temporary/changed parenting plan, child custody or nesting arrangement during COVID. 

Can ALL kinds of issues be resolved in mediation?

What if we need an interim agreement. Is this possible?

Can ALL kinds of issues be resolved in mediation?

 Yes, that is the beauty of Mediation. Any issue that falls within the legal realm can be resolved in mediation and you have the power to negotiate, to barter, to create and explore options in your interest. 

Is full financial disclosure NECESSARY?

What if we need an interim agreement. Is this possible?

Can ALL kinds of issues be resolved in mediation?

  We encourage full financial disclosure.  However, it tis the parties' prerogative to do so or not. The more forthcoming you are, the smoother and expedient the process will be. For a fair outcome and in the interest of all parties, especially the children, full financial disclosure is highly recommended. In certain cases, the parties themselves mutually decide the contents of the cumulative assets to be divided. It’s their prerogative. 

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