Social Accounts Sprite

Procedural Practice—Mediation or Litigation?

By Snyder & Sarno on May 12, 2015


When you are unaware of the way the legal system works, things such as mediation and litigation may seem daunting and confusing.  Both, however, are simply ways of ending disputes.  Litigation is more formal, in that the parties’ dispute is brought before a judge who decides the issue.  Mediation is a less formal means of settling a dispute.  In mediation, the parties sit down with a neutral third party who attempts to help the parties reach an agreement.

It can often be confusing, however, to decide when it is proper to go through mediation or when litigation is more appropriate.  The New Jersey Appellate Division, in an unpublished opinion, clarified general procedures in the case of Powell v. Gorski.  In that case, the parties filed cross-motions against one another regarding emancipation of their child and contribution to college expenses.  Rather than definitively deciding the issues before it, the court referred the parties to mediation. 

On appeal, the Appellate Division commented on the procedure employed by the trial court.  It noted, that it is the “business of courts to finalize disputes” Parish v. Parish, 412 N.J. Super. 39, 54 (App. Div. 2010).  The Appellate Division stated that it is the trial court’s role to decide issues presented before it.  While settlement is encouraged, any suggestions of mediation should have occurred before the case arrived in the courtroom for final review. 

If you are currently going through a matrimonial legal dispute such as a divorce or child custody battle, call the experienced attorneys at Snyder & Sarno, LLC for help with your case.  The attorneys at Snyder & Sarno, LLC can help you decide which method of dispute settlement is best for you.  Contact us today at (973) 274-5200.   

Related to This

desktop-only

Message Us

"I was involved in a VERY complicated and tumultuous child custody, divorce, domestic violence case for two full years. I was fortunate enough to be represented by one of the top matrimonial teams in the state of NJ, and the outcome in my case exceeded my every expectation." - Former Client

"Paul personally stood by my side and represented me throughout my injury case. Whether it was business at hand, advice, or a late night phone call to help me understand what was going on; he never took a step back towards helping me. I knew that I could call on him at any time . My case was very successful and I attribute that to Paul's dedication . He even came to me during a snow storm when I could not make it to his office. I certainly would recommend him to anyone." - Former Client

X CLOSE

Bergen County Office

401 Hackensack Ave
Ste 706
Hackensack, NJ 07601

Closed Today

Essex County Office

425 Eagle Rock Ave
Ste 202
Roseland, NJ 07068

Closed Today

Somerset County Office

440 Route 22 E
Ste 170
Bridgewater, NJ 08807

Closed Today

X CLOSE

Message Us

X CLOSE

X CLOSE

Popular Tags