Michael A. Taylor was recently selected as a Top Attorney by SJ Magazine

Michael A. Taylor, a partner at Taylor and Boguski, LLC, was recently selected as a Top Attorney by SJ Magazine. Michael was chosen by his peers as a top divorce mediation attorney in Southern New Jersey.

Michael has over thirty-five years of divorce litigation experience and over fifteen years of divorce mediation experience. He employs a practical, hands on approach to help avoid the costs of divorce litigation. Mediation can help to resolve issues regarding the division of marital property, assets and debts, spousal and child support, and the other issues encountered during a divorce.

To schedule an appointment with a top divorce mediation attorney at Taylor and Boguski, in Mount Laurel, NJ, please call 800-404-5299 or 856-234-2233 or contact us online.

Protecting Your Rights in a Divorce Mediation

When you are involved in a marital dissolution in New Jersey, there are a number of different ways your differences can be resolved. You can take your disputes to court, asking a judge and/or jury to make decisions about child custody and visitation, child support, alimony and the division of marital debts and assets. Litigation can be expensive, though, and can be an extremely time-consuming process. You could seek to negotiate solutions to your disagreements, but that can be difficult as well, as you may feel that you have less bargaining power, or can be intimidated by your ex-spouse. An alternative that works for many people in New Jersey is divorce mediation. This blog post helps you identify ways to protect your interests in divorce mediation.

What Is Divorce Mediation?

In New Jersey, divorce mediation is a process whereby a third party, who represents neither spouse, acts as a facilitator, helping the parties identify and implement solutions that work for both of them. The mediator is typically someone with specialized knowledge about family law matters, who can make constructive suggestions to the parties regarding ways to settle their disputes. Parties can voluntarily agree to take their differences to mediation, or mediation can be ordered by the court.

How to Get the Best Results in Mediation

Mediation is designed to be a “win-win” process. It is not set up to determine who is right and who is wrong. Accordingly, going into the process with an open mind and a willingness to consider alternatives will likely enhance the chances that you will find a mutually beneficial solution.

The first thing to understand is that you don’t have to convince the mediator of anything. The mediator does not consider legal arguments, does not take testimony, and does not render any decisions. The person with whom you will have to work, and who you will need to help understand your position, is your ex-spouse. If you go in making demands, but not expressing any willingness to compromise, you will likely have little success.
It is also important to understand that, while a judge may compel you to take your differences to mediation, you are not required to resolve your disputes in mediation. You should never agree to something you don’t want simply because you believe that you have to settle your differences. All offers made in mediation are just that—offers to settle. You can always reject an offer. You can also walk away from mediation if you are feeling browbeaten or intimidated.

You will also have the best chance of resolving your controversies in mediation if you prepare in advance. Make a list of those things you must have, as well as those items that are negotiable. If something is non-negotiable, make certain you understand why.

Finally, remember that mediation about issues such as child custody, visitation and child support all affect your minor children. Be clear that what you are seeking is in their best interests, and always defer to this standard when evaluating offers from your ex-spouse.

Contact the Law Office of Taylor & Boguski

To schedule a free initial consultation with experienced New Jersey family law attorneys, contact Taylor & Boguski by e-mail. To learn more about our practice, visit our practice area overview page.

Resolving Your Differences through Alternative Means

If you have come to the conclusion that your marriage cannot be saved, you can seek to settle your disputes in court. However, divorce litigation is typically costly, both financially and emotionally. If you have minor children involved, or if you want or need to maintain a positive relationship with your ex-spouse, you may want to consider other alternatives.

Divorce Mediation

In the mediation process, you work with a third party whose task is to help you find a mutually beneficial solution to all your differences. The mediator is neutral and does not represent either party. The mediator typically does not take testimony from witnesses, although both parties to the divorce have an opportunity to tell their story. The mediator does not make decisions about such issues as custody, visitation, support and property distribution, but helps the parties work together to identify and implement an outcome that is in everyone’s best interests. If you resolve all your differences, the mediator may help you put together an agreement that is enforceable in court.

There are many benefits to divorce mediation. First, because you have to work cooperatively to find solutions, mediation can allow you to maintain a positive relationship moving forward. Because you don’t have to get on the court’s docket, and don’t typically have to engage in discovery (gathering and sharing evidence), the mediation process can be completed much faster than litigation. Unlike litigation or even arbitration, you get to participate fully in the decision-making. You can make suggestions regarding how your differences will be resolved, and can always reject an offer from your ex-spouse. In most instances, the mediation process will be less expensive than other forms of dispute resolution.

The Arbitration Process

Arbitration can look similar to mediation, but has significant differences. In arbitration, you work with a third party, but the third party is typically someone with an extensive understanding of divorce and family law. The arbitrator performs a role similar to that of a judge, considering evidence and making rulings regarding how custody and visitation will work, whether there will be spousal support (and how much will be paid), and how marital debts and assets will be divided.

The arbitration process still offers significant advantages over divorce litigation. In most instances, you will be able to complete the arbitration process far more quickly than you will be able to resolve matters in court. Arbitration can be binding or non-binding. If it is non-binding, you have the right to reject the ruling of the arbitrator, and can still seek to resolve your dispute in court.

Contact Taylor & Boguski

To schedule a free initial consultation, contact Taylor & Boguski by e-mail. To learn more about our practice, visit our practice area overview page.

What are the Differences between Divorce Mediation, Arbitration, and Traditional Divorce?

If your marriage is coming to an end, New Jersey provides you with options as far as the process of dissolution. Many divorcing couples today choose mediation, arbitration, or combine one of those processes with traditional divorce. You can approach each method with our without hiring an attorney. The process that is right for you depends on your relationship with your spouse, your financial situation, your interest in negotiating rather than litigating (going to trial), and the complexity of issues involved. The following paragraphs consider control (who makes the final decision), privacy, and cost.

Who makes the final decision, privacy, and other issues

In successful divorce mediation, you and your spouse choose a mediator to help as you make all decisions regarding division of property and alimony/support. You and your spouse decide what the rules will be as your proceed. The meetings with you, your spouse, and the mediator conclude when you have worked out a divorce agreement. You and your spouse may consult with divorce attorneys during or at the conclusion of the process. Either party can discontinue mediation at any time and refuse to sign any agreement. If both spouses sign a divorce agreement, the family court judge will typically approve it quickly, and it will become part of the divorce judgment. If the divorce involves children, the court will take your wishes into consideration when determining custody and child support. Mediation is usually substantially less expensive than a litigated divorce. Mediation is a private, closed process. The records are not public.

In divorce arbitration, you and your spouse will choose an arbitrator to decide on the terms of your divorce, including division of property and debt, alimony/spousal support, and child support. You may select a professional with special expertise in an area of concern, such as tax law or special needs child support, or simply choose an arbitrator you feel comfortable with. You decide whether the decision of the arbitrator will be binding. The arbitrator will examine the facts and listen to each of you present your case, and then make a decision. If you agreed on binding arbitration, you will not have the right to appeal the decision, although the court will review child support and child custody issues if requested. Divorce arbitration is considered a less difficult and expensive process than traditional divorce. Arbitration is a private, closed process. Records are not public.

In traditional divorce, one spouse files a complaint for divorce. The court then sets a schedule of appearances. Each spouse will independently decide whether to hire counsel. If you hire a lawyer for your divorce, you will have little direct communication with the judge—your attorney will handle most statements. Your attorney and you’re your spouse/spouse’s lawyer will charge fees for all time spent preparing for or discussing the case. If no agreement is negotiated, the case is litigated in court. Court records are public, the terms of the divorce are decided by whichever judge hears the case, and attorney fees may be considerably higher than in a mediated or arbitrated divorce.

Contact us or visit our Practice Areas page for more information about Taylor & Boguski.

Factors to Consider When Choosing a Divorce Mediator

By pursuing divorce mediation, you are taking an important step toward resolving issues in the most financially and emotionally economical manner. When you approach the court with property, child support and custody agreements you have worked out yourself, you have maintained control of your future and that of your children. The judge is very likely to approve your agreement and include its terms in the final divorce settlement.

Now, what factors should you consider when choosing a divorce mediator? And where can you look?

When you contact a divorce mediator, be prepare to discuss the following points:

Credentials. You should feel very comfortable asking for a clear explanation of a divorce mediator’s credentials. New Jersey does not require family law and divorce mediators to be licensed or certified. It does have certain training and supervised experience requirements for mediators working in court-approved settings. Training requirements can be met through a relevant advanced degree or by completing a course approved by the court. Experience can fulfill part of training requirements. Professional mediation associations may base membership and referral requirements on the state standard. Has the mediator been appointed to the matrimonial roster maintained by the New Jersey Administrative Office of the Courts?

Personality and style. You and your spouse have to feel comfortable with the mediator’s style. Will you feel more comfortable with someone who simply facilitates your discussion, or are you looking for someone to give direct instructions? Will you feel safe and comfortable discussing sensitive issues with this person? You and your spouse may each want to meet with the mediator to get a first take on compatibility. The divorce mediator should not be offended if you decide to work with another person.

Experience and reputation. Ask how long the mediator has been in practice and how many divorce he or she has handled in the last two years. Ask about results— what percentage of mediations were successful, and how many couples ended up litigating their cases. (An average rate of successful mediated resolutions would be in the 65-80 percent range.) Is the mediator willing to provide references? Have any complaints been filed with the courts or professional mediation associations? Does the mediator train or mentor newer members of the profession?

Cost. Fees should be clearly stated. The mediator who charges the lowest rate will not necessarily be the most economical choice, but there should be no question about the billing structure.

Does the mediator work with attorneys? Some mediators suggest clients have respective divorce lawyers review their final agreement.

The number of meetings necessary to reach an agreement will depend on the complexity of your issues and the distance you and your spouse have to cover to meet at a common ground. A skillful divorce mediator will guide you as you set aside painful personal issues and focus on the business at hand: preserving the maximum marital estate, developing an agreement the court will approve as fair, and if there are children, providing the best possible outcome from their perspective.

Contact us for a free attorney consultation, or visit our Practice Areas page for more information about Taylor & Boguski.

What is Divorce Mediation?

Divorce mediation is a process where a neutral party helps a couple work out the terms of their divorce. The third party, a certified mediator, does not make any decisions. Rather, the mediator works with the couple, guiding their discussions and helping them focus on solutions that preserve the value of the marital estate, are fair to both spouses, and are in the best interests of their children. It is the mediator’s job to provide a calm, professional presence in an emotionally difficult situation

Mediation is a private process. Typically the spouses will sign a contract agreeing to keep the discussions confidential. The discussions will not be admitted as evidence in any later court appearances.

Each divorce agreement is unique. The length of the mediation process depends on the complexity of issues involved and how far the spouses are from agreement. Mediation begins with a series of meetings including both spouses and the mediator. The number and length of meetings will vary. Divorce is a difficult process, always following the pain and disappointment of a failed marriage. It is common for spouses to place irrational importance on small issues, or fail to see the burden a custody battle will place on their children. The mediator will help them refocus on important issues and put others in perspective. It is necessary that both spouses be willing to put forth an honest effort to reach an agreement. If one or both are seriously combative, mediation will not be an effective solution.

You may still have an attorney review your agreement. When the couple has reached agreement on some or all issues, the mediator will prepare related documents to be submitted to the court as part of the final divorce proceedings. Many mediators recommend that their clients engage separate attorneys to review the agreements before finalization. Although that is not required by the court, it provides an additional layer of protection for each party. It is an economical alternative to working through the agreement process with your attorney present.

New Jersey divorce courts support mediated settlements. A mediated agreement is generally considered superior to a decision rendered by a judge. Both parties have invested time and emotional energy in reaching common ground. The mediator has helped them work out reasonable agreements and get past apparent roadblocks. With few exceptions, judges approve the agreements.

New Jersey courts recognize mediated property settlements and child support agreements, although a child support agreement may be reviewed if there is a question about the child’s welfare. In a related process, collaborative divorce, each party is represented by separate counsel, and the mediation process may involve a child psychologist, property evaluator and other experts. Some collaborative divorce lawyers, as part of their commitment to mediation, refuse to later represent their clients in litigation.

Contact us for a free attorney consultation, or visit our Practice Areas page for more information about Taylor & Boguski.