Mediation

Experienced NJ Mediation Lawyers

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 the New Jersey Family Court.

Advantages of Mediation

  • 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.
  • Mediation is fair to all concerned. The mediator is a neutral third party who has no vested interest in the outcome. He or 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.
  • Mediation 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.
  • Mediation avoids long, protracted litigation, saves money in attorney fees and shortens the steps required to obtain a divorce.
  • The process is less adversarial and as a result less stressful to both of the spouses and their children.
  • The process is based on cooperation and compromise and greatly enhances the parties’ ability to get along and co-parent effectively for the sake of their children on a post-divorce basis.
  • Mediation provides the parties with a skill set and platform to deal with any post-divorce issues that may arise without the need for costly litigation.
  • Mediated settlements can be more creative because the spouses input is not inhibited by traditional legal approaches.
  • Mediated settlements result in a greater likelihood that the parties will comply with the terms of the agreement since they had a large say in the terms that were agreed upon.  The fact that they are personally invested in the agreement makes it less likely that they will violate the terms of the agreement subsequent to the finalization of the divorce.
  • Mediation is often times better suited to resolve all child custody and visitation issues as the best interest of the child(ren) is of paramount concern, rather than the personal interest of the litigants, which often controls the issues that are presented to the court during a trial.

Court-Mandated Mediation

Pursuant to Court Rule 1:40, New Jersey courts are authorized to issue an Order to Mediate to require parties to a divorce to attend a mediation session. A neutral mediator is then assigned from a pool of qualified and trained New Jersey mediators. The assigned mediator is expected to spend one hour of preparation and the first hour of mediation without incurring a fee. Thereafter, the divorcing parties split the costs of the mediation. While court-mandated mediation is required by the judge in certain cases, parties are permitted to engage in private divorce mediation at any time if they wish to avoid the costs and time involved in a divorce before the court.

Call an Experienced NJ Mediation Lawyer

To learn more about how Villani and DeLuca, P.C. can help you with your mediation issues in New Jersey please contact us at 732-965-3350 and speak with Vincent C. DeLuca, Esq. We represent families throughout New Jersey. Vincent C. DeLuca, Esq. is certified by the Supreme Court of New Jersey as an Economic Mediator.

Also check out our Frequently Asked Questions page for some answers to common NJ mediation questions.