Family Law + Mediation
The Rubino Law Group LLC attorneys are highly experienced
divorce mediators and trained in collaborative divorce.
When it comes to divorce, complex and sensitive issues can result in outcomes with lifelong emotional and financial consequences. The family law attorneys at the The RUBINO LAW GROUP, LLC are unique because, although seasoned litigators, they strive to first find an amicable way for couples to dissolve their marriage, thus placing the well being of the family, especially children, before anything else. In that regard, we are highly experienced divorce mediators and trained in collaborative divorce. These are saner, faster and less expensive ways to handle all the issues that arise in a divorce, such as custody, visitation, child support, alimony, equitable distribution of assets, education expenses, medical coverage, and the like.
Divorce Mediation
Separation and divorce are among the most painful and disruptive events that an individual and family can experience. The problems are both financial and emotional, deeply touching all members of the family. Mediation, like collaborative divorce, aims at reducing this tension, not increasing it. With the help of the mediator, couples negotiate their own settlement and learn techniques for resolving future differences.
Mediators show people how to work together productively in spite of their anger by helping couples separate their spousal role, which is ending, from their parental role, which is lifelong. Couples learn to evaluate their present financial condition and provide for their future financial needs. When necessary, other experts can assist, such as lawyers, therapists, child specialists, and financial experts.
With the mediator's help, agreements can be reached to handle both immediate and long range concerns. The mediator will focus on the relevant issues and help identify possible options. You will not only actively participate in the negotiations, you will control the final outcome, which often results in a reasonable solution and a mutually satisfactory agreement that considers the needs of all family members. The mediator works to facilitate communication and ensure that neither party dominates the other. Even though one party may be more powerful or a better negotiator, the mediator helps to balance the power. In cases where the imbalance of power is too strong, or domestic violence is involved, the mediator will terminate the mediation and suggest collaborative divorce or litigation, where both sides will be represented by attorneys.
After mediation, the parties are encouraged to take the written settlement agreement to be reviewed by their own independent attorney before signing it. The agreement may then be used as the basis for an uncontested divorce, where the final documents are filed with the court.
While mediation is especially helpful when children are involved, it is also ideal for couples who do not have children, whose children are grown, or who have step children involved.
Distinction between Mediation and Collaborative Divorce
While there is a parallel between collaborative divorce and mediation, in that both are facilitative processes, in collaborative divorce each party is represented by counsel, as opposed to appearing alone before a neutral third party, the mediator. A mediator (who may or may not be an attorney) does not “represent” either side, he or she merely facilitates communication between the parties to help them reach a settlement. Outside counsel is strongly recommended before entering into the final agreement. In collaborative divorce, the attorneys serve as advocates for their clients, advise them on the law and the consequences of various options, and assist in the negotiations.
We handle the full array of post-judgment applications including modification issues concerning alimony, child support, changes in primary residence and changes in parenting time schedules.
ARTICLES
Mediation: A Powerful Alternative to Litigation
"A mediator can help people set aside their positions and emotions and focus on options for a successful and healthy resolution." Garden State Women invited leaders within the legal and related professions to share their knowledge on significant legal topics of interest to women.
Renée A. Rubino, author
Garden State Woman Magazine - Special Legal Resources Section
Published: Spring 2008
The Case for Mediation
Renée A. Rubino, author
New Jersey Law Journal
Published: November 5, 2007
