Mediation

Mediation is a voluntary process that enables parties in a dispute to resolve their issues in a structured way with the assistance of an impartial mediator. You and your spouse will meet with each other and the mediator to resolve the issues in your divorce. Meditation during divorce is a way of finding solutions to issues such as child custody and spousal support. It is an alternative to the formal process of divorce court.

Collaborative Divorce  Mediation  Family Law  Divorce  Child Custody  Child Support

Advantages of Mediation

• Saves time and money. If successful, mediation means sidestepping the formal process of divorce court. This shortens the process for the parties and helps minimize the caseload of the Family Court System
• Is fair to all concerned. The mediator is a neutral third party who has no vested interest in the outcome. He / she stands to gain nothing. Because of their objectivity and experience, they may be able to formulate solutions the parties are unable to conceptualize because they are not emotionally invested in the outcome.
• Is a confidential process. There is no court reporter recording every word said. Any notes taken by the mediator are thrown away afterwards. You do not have to worry about your “dirty laundry” being aired in public. There is no public court process.
• Avoids long, protracted litigation, saves money in attorney fees and shortens the steps required to obtain a divorce.

Common Questions and Answers:

How Does Divorce Mediation Work?

Mediation is a voluntary process which allows both of you to maintain control over your destiny and the terms of your divorce settlement. In a mediated divorce case you have control over the outcome of your case. In a litigated case the Judge who does not know either you or your spouse will decide the outcome.

Do We Both Have To Participate?

Because mediation is a joint, cooperative problem solving process, it is necessary for both to participate.

Do I Need An Attorney?

Mediation is not a substitute for independent legal advice. Mediators focus on assisting participants reach their own agreements and do not represent either person in court.

What Happens If We Reach An Agreement?

When an agreement is reached, the mediator can prepare a memorandum so each party has a clear, concise record of the agreements reached in mediation. When these agreements are incorporated into a court order or judgment of divorce and approved by the court, they are legally binding.

What If We Cannot Work It Out?

The mediation process may not resolve all issues but even partial agreements can help participants narrow the issues and limit the time and expense involved in going to court.

Can Mediation Help Us Get Back Together?

Mediation is not marriage counseling. You and your spouse should seek marriage counseling if either of you have any doubts about getting a divorce.

What If We Never Been Married?

Parents, couples or partners can use mediation to discuss differences and resolve conflicts. It is an option for married couples planning to separate, married couples deciding to divorce or couples or partners who have never married.

Do I Have To File For Divorce In Order To Use Divorce Mediation?

Many couples separate prior to deciding whether they will divorce. In this period of separation, mediation can help couples resolve parenting issues, support and/or other financial matters. If a couple chooses divorce, divorce mediation can start prior to filing for divorce. This allows the couple, rather than the court, to control the timing of their progress.

What Does It Cost?

Mediators in private practice usually charge by the hour and fees are typically shared by the couple.

To learn more about how Villani & DeLuca and partner Vincent C. DeLuca Esq. can help you with your mediation issues in New Jersey please contact us at 732.892.9050 today. We represent families throughout Ocean County and Monmouth County New Jersey.