Family Law | Mediation

The use of the mediation process in the New Jersey divorce context enables parties to a New Jersey divorce to resolve their issues in a structured way with the assistance of an impartial mediator. Through the mediation process, the parties will meet together with the mediator and work to settle the issues between them. Using the mediation process for New Jersey divorce actions offers the parties the chance to settle all outstanding issues between them- including child custody and spousal support- outside of the often costly and time-consuming formal processes of a New Jersey family law court.

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

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.

•  How is a Lawyer’s Relationship With a Client Different in the Collaborative Law Process, and How Do Lawyers Prepare Clients For It?

First, the lawyer never ceases to be the client’s advocate and the client is so assured. By entering into the participation agreement the client has already decided and declared the intent to neither threaten nor pursue litigation (an entitlement, however, which the client never waives). The objective is to discern and attempt to satisfy the interests of both (all) parties. To that end, all parties and counsel must cooperate. Counsel will encourage their clients to speak candidly about their own needs and desires, and to listen carefully to those expressed by others. Collaborative lawyers remind and reassure their clients that by treating the other side’s interests with respect, they are serving their client’s goals and interests. Collaborative lawyers are trained in collaborative communication skills and will assist the parties in this endeavor.

•  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 and DeLuca can help you with your mediation issues in New Jersey please contact us at 732.892.9050 today and speak with Vincent C. DeLuca Esq. We represent families throughout Ocean and Monmouth County New Jersey. Vincent C. DeLuca, Esq. is certified by the Supreme Court of New Jersey as an Economic Mediator.