FAQ On Divorce Mediation

What Is Divorce Mediation?

Mediation is an alternative dispute resolution method used widely in New Jersey to help facilitate resolution of divorce matters in a more cost-effective and efficient manner than trying your case in court. During the process, mediators typically meet with each party separately to get a better idea of the concerns of each spouse and the legal issues each will face. This includes discussing in detail the major issues of the divorce including child custody, alimony and spousal support, child support and marital asset division.

After meeting with the spouses, the mediator will then attempt to frame the legal issues and then work toward a consensus regarding resolution of each specific matter. The mediator will attempt to keep the negotiations on track and not allow for side issues or heated emotions to disrupt the process.

It is important to remember that mediators are trained to be impartial in their decision-making. They are there to facilitate agreement — generally in a manner that saves both time and money for each party.

Why Do Courts In New Jersey Often Request Couples To Mediate Disputed Issues?

Courts find mediation to be less contentious than litigation because it allows both spouses to have more control over the conditions of their divorce. It allows for couples to choose the conditions for raising their children including visitation, education, health and religious concerns. If there are plans on moving the child out of state, the couple can set up a custody arrangement that is convenient and agreeable for both parties. The couples may also choose on their own how to divide belongings without a court order. By allowing adequate choice regarding the conditions of the divorce, an atmosphere of cooperation can result, allowing for less conflict between the two spouses in the future. Also, the couple can prepare an agreement that helps facilitate resolution of any future disputes.

Will Mediation Work Regarding My Own Circumstances?

The process will work so long as both spouses enter the mediation process with an open mind. This does not mean that the spouses have to agree to every issue. It does, however, mean that each spouse is willing to listen to an objective voice who can guide them to resolve marital dissolution issues.

Will I Require The Assistance Of A Lawyer During The Mediation Process?

It is highly recommended that you discuss your circumstances with an experienced family law attorney to determine what to expect from the mediation process. An attorney can also review any proposed agreement made during the mediation process and determine whether this agreement is in your own best personal and financial interests. The attorney can also assist in filing any mediation paperwork with the court once the mediation is completed.

What Are The Costs For Mediation?

The costs of mediation vary from case to case. On average, however, the cost savings for mediation are substantial. This is greatly due to the amount of control that both parties will have regarding the mediation hearing.

Contact Us With Any Mediation Questions

Located in Essex County, the attorneys at Cipriano Law Offices, P.C., understand the mediation process and are here to answer any questions you may have. Contact our office by calling us at 973-852-3346 to schedule an initial consultation. You can also reach us by email.