Complementary Dispute Resolution (CDR) Processes

at Dennigan Cahill, P.C.

Mediation of Family Issues

Note: If the court refers your case to mediation, you typically have seven days to choose your own mediator, by consent of both parties. We mediate cases already in court, or prior to litigation.

The Process: Mediation is a process in which a neutral third party works with the couple to help them come to agreement on one or more issues in dispute. No decision is imposed on the parties in mediation; rather, it is up to the parties to decide whether they will come to an agreement. A skilled mediator can help parties come to an agreement on some or all of the issues involved in divorcing, separating, or in resolving disputes after a divorce. Because mediation is not just about the law, but about the separating or separated family, mediators have more latitude than courts to address the social and emotional issues surrounding the dispute, and to be proactive in preventing future conflict. This can help parties build solutions that meet the needs of their particular family.

Logistics: Generally, parties participate in one or more mediation sessions with the mediator. When circumstances dictate, either of the parties can have a private meeting with the mediator. Sometimes mediations include therapists, attorneys, or others. Because the parties need to be informed about certain things, it is often important to get the opinion of experts, such as child psychologists, accountants, or house appraisers. This is generally done in a collaborative way in mediation. Every family situation is different; mediation sessions and the use of experts should be customized to meet the particular needs of the family.

Cost: Mediation sometimes saves parties money, but it depends on the situation. In general, mediation is less costly than courts if the dispute is resolved in mediation, with no appeals, and if one is comparing it to a litigated outcome, in which a judge makes a decision. Few of us live in such a black and white world. So, one must look at each family separately, and decide whether all or part of the litigation can be resolved in mediation. With an eye toward costs-savings, it is sometimes helpful to mediate part of the dispute (such as custody and parenting time, or the division of personal property), and leave other parts of the dispute to a court to decide.

About Arbitration of Family Issues

The Process: Arbitration is a process in which a neutral third party hears the arguments from both sides and makes a decision as to the outcome of the dispute. Arbitration is usually binding- meaning there is no appeal from the arbitrator’s decision except in extraordinary circumstances. This process is particularly well-suited to divorces in which there are sole proprietorships or closely-held businesses, complex financial issues, or a strong need for confidentiality. Parties can submit their entire case, or just a single issue to arbitration.

Logistics: Arbitration is typically a formal process, even though it is not in a courtroom. Generally, both sides submit written papers and make arguments to the arbitrator, who renders a decision. There may be experts for each side, joint experts, or some combination of this. Because arbitration is the parties’ own process, the rules of the arbitration are determined by agreement of the parties, as is the arbitrator. Typically there is either one arbitrator or three arbitrators (one chosen by each side, and one “neutral.”)

Cost: It is difficult to generalize about costs savings in arbitration compared to litigation because arbitrated cases tend to be more complex, and the process is tailored to the parties’ particular dispute. Participants in arbitration are typically represented by attorneys throughout the entire process, and the parties’ pay the arbitrator’s fee. Cost-savings can clearly occur in narrowing the issues in dispute, and in not appealing the arbitrator’s decision (a key difference from court processes.)

The Attorney’s Role in Mediation and Arbitration

In addition to mediation and arbitration, settlement and negotiation by the parties and often by attorneys are complementary dispute resolution (CDR) processes that are fundamental to any case. Most divorce cases settle, and processes such as the Early Settlement Panel, and post-MESP mediation are formal structures designed to encourage settlement. Legal decisions about family law are made whether one is in court or in a CDR process. Once an agreement is made in mediation, or a decision rendered in arbitration, it can be tough to change your mind. For this reason, it is very important to have legal advice before entering into mediation or arbitration, and during any CDR process Each party should know his or her legal rights, and each party should know the legal consequences of what he or she is or is not agreeing to.

The firm of dennigan cahill, p.c. offers separating or separated families mediation and arbitration services. Both Grace A. Dennigan and Mia Cahill emphasize mediation, arbitration and collaboration in their practice. The cost ranges between $250 and $350 per hour.

Grace A. Dennigan, Esq.

In addition to over twenty years of litigation experience, Grace Dennigan has also served as a civil arbitrator and divorce mediator. Her trial work early on at the NJ Attorney General’s Office informed and shaped her approach to alternative dispute resolution. She now balances her private practice with work on collaborative methods of obtaining a divorce.
Ms. Dennigan has served as a member of the Board of Trustees for the Mercer County Real Estate Section of the Mercer County Bar Association, is a member of the New Jersey Association of Professional Mediators, the American Bar Association, and the New Jersey State Bar Association. She has served on various private Boards of Directors. She was recently appointed a member of the Supreme Court of New Jersey, District Ethics Committee (District VII).

Mia Cahill, Ph.D., Esq.

Dr. Cahill is former law professor who practices in law and mediation, and has written extensively on the issue of alternative dispute resolution (ADR) and collaborative approaches to family law conflicts. Her work on mediation and ADR has been published in the Stanford Law Review, How Law Matters, and elsewhere. Dr. Cahill is a court-approved mediator for civil cases, and has broad experience in mediating civil and family disputes. Her ADR practice has a special emphasis on mediating issues for families with special needs children.

Dr. Cahill is a former Hewlett Fellow for Dispute Resolution, Trustee of the Women in the Profession Committee of the New Jersey State Bar Association, and of the Princeton Education Foundation. She is a member of the New Jersey Association of Professional Mediators, the Law and Society Association, the Mercer County Bar Association, the Middlesex County Bar Association, and the New Jersey School Boards Association, as well as other professional organizations. In 2006, she was elected to the School Board of the Princeton Regional School District.