Why most divorces should be settled through mediation:
As a divorce attorney, it is counterintuitive for me to advise my clients to avoid litigation. Litigation is what I went to law school for, why I participated in moot court and why I can recite the Federal Rules of Evidence in my sleep. I love to argue! Litigation however is rarely in the best interest of my clients, and since the Rules of Professional Conduct dictate that I must act in my client’s best interests, I feel compelled to tell them the truth. Litigation will leave them in worse state then they started out in.
I am not the only one that feels this way about litigation. In fact, there is a reason why the New Jersey Courts make the trial the final step in any divorce proceeding. Judges do not want to decide cases, and encourage litigants to find their own path to a resolution. It is arguable that court’s are motivated by the fact that they are overcrowded and understaffed, but whatever their reasoning, they are right.
Divorce is one of the most emotionally tolling and life altering events a person can face. Even the most amicable divorces can cause permanent scars. Instead of concentrating on healing themselves, people are thrown into a hostile litigious process where they are expected to make rational decisions about their children, finances and their future. The results are often unfavorable to both sides and leave people more traumatized by the divorce process then the actual divorce itself.
The better way to go about this is through mediation or by a new type of process called collaborative divorce. Both processes allow for people to remain in control of their future and to decide for themselves in a less stressful and non-time controlled environment.
For more information please contact our office at 201-880-5563 or visit us at www.ruizdoolanlaw.com for a consultation.
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