In New Jersey, couples enter into mediation to resolve their family law or divorce issues without the expense and challenges of going to court. We are New Jersey family law attorneys who can assist you with mediation. Continue reading and reach out to a knowledgeable Mercer County divorce mediation lawyer from The Law Office of Rachel S. Cotrino, LLC to learn more about whether mediation may be right for you and your spouse.
What is Family Court Mediation in New Jersey?
Mediation is an alternative to going to family court to resolve issues such as child custody, child support, parenting schedules, spousal support, and division of marital assets and debts. A mediator is not a judge and does not make any decisions for the spouses. Instead, the mediator is a neutral third-party who is formally trained to identify and understand issues in family court and to facilitate and to structure negotiations between the parties. A skilled mediator can help divorcing couples move past their conflict and determine for themselves what is important and, ultimately, the outcome of their divorce.
Mediation Vs. Litigation
Mediation
Mediation has many advantages over going to court, including:
- Parties can focus on their true needs and interests.
- Both parties have control over the voluntary negotiation process.
- The parties’ resolution can be very creative, and the parties avoid “win-lose” and “lose-lose” outcomes that are typically the result of litigation.
- The parties can maintain privacy because the sessions are confidential.
- Through mediation and settlement, the parties may improve their relationship or end their marriage civilly.
- In resolving disputes through mediation, the parties save an enormous amount of time, energy, and expense.
- Studies indicate that parties who enter into voluntary agreements through mediation are much more likely to honor the terms of their agreement than judicially imposed resolutions.
Litigation
Many people choose mediation over litigation for the following reasons:
- The court decides what is important for them and their family.
- The court controls the parties’ fate.
- A court’s decision is rarely “creative” and is confined to the law, and even those parties who “win” at trial oftentimes find that the cost of winning (time, energy, emotions, money) was too high.
- Court records may be open to public examination.
- Court hearings and trials typically foster resentment and ongoing hostility between parties.
- Preparing for and participating in trial can take a long time, and the cost of trial is significantly expensive.
- The parties continue to litigate in court to seek modification or enforcement of the court’s orders.
The Divorce Mediation Process in New Jersey
In New Jersey, the divorce mediation process typically unfolds as follows:
- Initial consultation: The process usually begins with a first meeting where the mediator explains how mediation works, outlines the rules, and identifies the issues that need to be addressed. This sets the tone and helps both parties understand what to expect moving forward.
- Information gathering: Both spouses will be asked to collect and exchange important financial documents, including information about income, assets, and debts, so that all discussions are based on accurate and complete information.
- Mediation sessions: The parties then participate in a series of sessions where the mediator helps guide discussions on important issues such as child custody, parenting time, support, and division of property, keeping conversations productive and focused.
- Negotiation and agreement: As progress is made, areas of agreement are identified and refined, allowing both parties to work toward resolutions that reflect their priorities and concerns.
- Final written agreement: Once all issues are resolved, the terms are put into a formal written agreement, which can then be submitted to the court for approval and finalization of the divorce.
Contact a Divorce Mediation Lawyer in Mercer County, New Jersey
Whether your mediation is court-mandated or by agreement, our family law attorneys can help you prepare for mediation and help you reach a settlement that works for you and your family. Schedule a consultation today to learn how a Mercer County divorce mediation lawyer from The Law Office of Rachel S. Cotrino, LLC can help resolve your NJ divorce or family law matter.
