Practice Areas
What is Divorce Mediation?
Mediation is a non-adversarial process to resolve issues that arise during a divorce, dissolution of domestic partnership, separation or child custody matter. It is a more sensitive approach to separation and divorce which allows the parties to have more control over the decisions that need to be made, rather than leaving those issues for the
court to decide.
The process gives partners the opportunity to negotiate an agreement that includes property settlement, spousal support, child support and custody that is fair and reasonable and focuses on the best interests of
the child(ren).
Mediation can also be helpful for resolving post-divorce conflicts that arise when needs and circumstances change.
Mediation
Do Both Parties Have to Agree to Participate in Mediation?
Mediation, by its very definition, means that both parties are discussing and mutually resolving their issues, so it does require both parties to agree to participate.
​
When a couple has a mutual desire to resolve issues themselves and are willing to deal with each other in good faith, the mediation can be successful and economical.
The appropriateness of mediation can best be assessed and determined at the initial session between the mediator and the parties. New Jersey Courts encourage mediation as an alternative and complementary dispute resolution method, so parties that file for divorce without attempting mediation first, will most likely have to attend mediation to resolve their issues, even if they both retain attorneys.
What is the Mediator's Role?
A mediator is a trained, neutral party to help couples resolve their disputes and issues that arise when discussing life after separation or divorce. They review the issues and help the couple explore all options and their consequences. They bring experience and knowledge so couples have a better context for decision-making, as well as, address which issues need to be addressed by third-party experts, such as pension valuations or appraisals.
What Are Advantages To Mediating?
Mediating promotes cooperation and the type of skills necessary to co-parent that that will continue well past the separation or divorce. The process also helps eliminate the win-lose atmosphere that can be a part of separation and divorce. It can help both parties focus on reasonable
solutions that are in their family’s and children’s best interests. When both parties are continually involved in the decision-making process, it leads to increased satisfaction with the solution and future cooperation with the agreement reached.
Separation and divorce can be a traumatic experience for children even when parents are doing their best to keep them out of it. Mediating can decrease the time of uncertainty and give the family a path of how to move forward as well as reduce the costs to resolve the issues by
avoiding litigation.
How Long Does The Mediation Process Take?
This is understandably one of the first questions asked. The time it takes to reach an agreement varies from couple to couple. The typical time from our initial session to an agreement is about 3 months.
Mediation is task-oriented with a goal of reaching agreement. If tasks are completed quickly and the parties are motivated to come to a quick resolution, it can be completed in less time. If there is a large or complex marital estate, the process may take additional time to have
third-party valuations of pensions, businesses or real estate performed.
The completion of mediation does not mean the parties are divorced, but we provide a simple uncontested divorce package and assist you through the process of getting the Final Judgment of Divorce through the courts.
How Much Does Mediation Cost?
The cost of divorce mediation is often less than a third of the cost of both parties hiring attorneys and litigating a divorce. Couples can also control their costs as mediation fees are paid as a flat fee. This is much different than hiring an attorney at an hourly rate for a divorce, when retainers are required and monthly bills can often exceed the original retainer required, making it very difficult to plan for and budget. In addition to being expensive, the litigated divorce is often very time consuming which leaves both parties drained emotionally as well.
​
The first mediation consultation is a one hour remote session via Zoom with an experienced mediator with both parties to see if mediation is right for you.
​
CLICK HERE to book your consultation.
LEGAL DISCLAIMER: The information provided on this website is intended for general information only and should not be construed as legal advice applicable to your particular situation. Before taking any action based on this website, you should consider your personal situation and seek professional advice. Contacting this firm by email or phone, or any of the methods listed on our website, does not establish an attorney-client relationship. No attorney- client relationship is created unless and until a binding written Fee Agreement or engagement letter is signed by both you and your attorney. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This firm will review your matter and provide you with a Fee Agreement, if we are able to take your case.