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Questions to ask Before Hiring a Collaborative and Mediation Based Lawyer!

How Can you Hire a Professional Mediation Lawyer?

By Dora HallPublished 3 years ago 4 min read

Any form of legal issue may be a very stressful experience. Many people enter a lawyer's office frightened and fearful of the process. To alleviate that nervousness and guarantee you pick someone suitable for your case, think about what questions to ask and come prepared for the appointment. Numerous articles explain what questions you should ask mediation and collaboration lawyers in New Jersey regarding your case before hiring them.

Below are some questions that you need to ask when hiring those specialized lawyers regarding your case. These are;

Can my case be studied?

Civil cases are typically the only cases that can be studied. Various non-violent criminal cases like harassment are the exception to this rule. The primary goal of selecting the mediation and collaborative lawyer over litigation may be to establish a good relationship with the other side. To address business or contract disputes, landlord-tenant problems, divorce, and child custody issues, mediation requires collaboration and a cooperative approach. However, if your case can be mediated, you need to consider whether it is the best option or not.

Below listed are some reasons you might not choose to mediate are;

  • If you strongly believe that the other party is found guilty of doing wrong. Mediation is structured as a compromise, so it would be better to select alternatives if there is no ground to give in regarding your case.
  • If you want to set a binding legal criterion. If you are successful in your mediation against a large company, then the decision is applied only once, and there will be no bearing on future cases.
  • In case, the mediator would be more compassionate than a judge. A mediator’s primary role is to compromise between two parties; they are not likely to favor a side.

Asking mediation and collaborative lawyers this question can quickly help you establish whether this will be the right path and whether this will effectively convey your expectations to the lawyer.

How many years of practice do you have?

If you want to deal with a lawyer who is extremely knowledgeable and has been specifically trained in collaborative divorce processes, and who typically devotes a significant portion of their practice to it. Individuals who are dealing with their first collaborative divorce case, regardless of their background as a litigating divorce attorney, are unaware of the precise bargaining strategies utilized in collaborative law to establish a mutually beneficial arrangement. If you want to work with someone who is knowledgeable in this area, has good intuition, and has the experience to ensure a smooth procedure, you should look for a mediation and collaboration lawyer in New Jersey who is well-versed in this area of law.

How long does this process take?

The proceeding regarding this usually is much faster in comparison to traditional ligations. However, depending on your case, this process can take two days to several weeks to complete. While this will take a shorter amount of time compared to the litigation, taking 2 weeks off work for a small dispute may not be viable for some people. Asking this question to an experienced mediator and a collaborative lawyer can give you an appropriation of how long the whole process would be and allow you to set a realistic standard beforehand.

What benefits can the mediation and collaborative approach provide?

Don’t be afraid to ask your lawyer how they think you and your spouse may benefit from this approach. One of the essential pros this process can provide is the extra control couples have over the final result of the hearing. This process allows you to voice your concerns over settlement details, thus allowing space to make compromises and come to agreements on terms. Apart from this, one other benefit is the freedom to schedule meetings on a flexible schedule that work for your life since you are not relying on the court’s schedule. Most couples that choose this approach with children can co-parent in raising their children after a divorce versus litigation through the court system.

What is the legal cost involved in this process?

Hiring a mediation and collaborative lawyer to advise on the process can be significantly cheaper than hiring a litigation lawyer. However, it is still essential to discern how legal fees work to ensure that the costs don’t exceed the manageable amount. Generally, lawyers charge on an hourly basis. This means that your bill will grow with every minute they spend advising you regarding your case. The vague approximation these lawyers provide often gives you no real comprehension of how much the final charge will be.

One of the good alternatives to this is a flat fee method. In this, lawyers offer one fixed price that encompasses all their responsibilities regarding the process. A flat fee approves you for a much more transparent expense, thus giving you a better idea of how much you will be spending, specifically in this case where depending on the flexibility of each party, the process may take longer than expected.

Can you help in resolving a child custody issue?

A divorce case automatically becomes much more sensitive in case children are involved. Many people think that the court plays a crucial role when child custody is a part of the equation. However, a collaborative approach can also help resolve child custody issues.

A collaborative divorce lawyer can help access the situation and let you know how to handle a custody matter. In various cases, a collaborative divorce lawyer can provide you with a healthier outcome for the child than going to court.

So, those mentioned above are some questions that you need to ask when hiring them regarding your case. Hiring an experienced and reliable lawyer to resolve a divorce dispute without any court intervention and judicial involvement is one of the wisest decisions you can make.

So, if you are searching for reliable mediation and collaborative lawyers in New Jersey regarding your issue, look no further than Lomberg Del Vescovo & Pollak, LLC. Contact their skilled team at (201) 342-8100 for assistance and complete peace of mind!

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About the Creator

Dora Hall

Hi, My name is Dora Hall and I am from New Jersey, USA. I'm a lawyer and work for a law firm in New Jersey. I have more than 15 years of experience in the legal field. Feel free to contact me if you need help with divorce law.

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