Is Mediation Required in NJ Family Law Cases?
New Jersey family courts generally require couples facing family law disputes, including those involving child custody arrangements or financial matters, to attempt mediation prior to proceeding with costly and time-consuming litigation. Mediation can be a very effective tool for discussing the intricacies and specific facts of your case, and most of these cases are resolved out of court. If you are facing a family law dispute, the experienced family law attorneys at Weinberg, Kaplan, & Smith, P.A., in Marlton, New Jersey, are standing by to help.
Mandated Mediation for Terms Related to Children and Financial Matters
New Jersey family courts generally mandate mediation for couples facing family law disputes that involve child custody, child support, and/or financial matters related to a divorce. Such issues that may be discussed and potentially resolved during mediation include the following:
- The fair and equitable division of marital assets and liabilities;
- Child custody arrangements, including parental decision-making authority (i.e. legal custody) and/or physical custody, which determines an appropriate parenting time arrangement;
- Child support, including potential additional payment of support for extraordinary and/or uncovered expenses; and
- Spousal support, which is often referred to as alimony.
In every case where a dispute exists involving child custody, the court will require both parties to attend Custody and Parenting Time Mediation with a court-appointed mediator. The goal of this required mediation is to reach an agreed upon parenting time plan, including regular parenting time, a holiday schedule, and vacation parenting time. Careful consideration must be given to any terms reached during this mandated mediation session, as the resulting agreement may become a binding Court Order. Discussion with an experienced family law attorney can help guide you through this process.
Court-Mandated MESP
Financial matters are discussed at the Matrimonial Early Settlement Panel (“MESP”) hearing. The Panel does not make any determinations related to child custody or parenting time; rather, the Panel’s focus is strictly related to financial issues. Most divorcing couples will be required to go through the MESP process before proceeding to trial with a Judge in the State of New Jersey. The MESP process involves a panel of neutral family law attorneys who review documentation submitted by each side and help the parties explore their best options in reaching a financial resolution. The ultimate recommendation issued by the Panel is kept confidential from the Court and only binding if both parties agree to the terms described therein.
A dedicated family law attorney will have the knowledge and expertise required to guide you throughout this process.
Private Mediation
Another option which has grown in popularity over the years is attending private mediation. Couples can elect to attend private mediation with a mediator of their choosing rather than attend Court-ordered sessions; however, this path will generally require the court’s permission to do so. Private mediation tends to be a very favorable option in many family law disputes, as the parties have more control over the outcome of their case instead of proceeding with costly and time-consuming litigation. Further, discussions held during private mediation are kept confidential from the Court, which allows both sides to speak more freely and work together towards an amicable resolution, all without affecting their positions should a case ultimately proceed to Trial.
Turn to an Experienced Family Law Attorney for the Help You Need
The trusted family law attorneys at Weinberg, Kaplan, & Smith, P.A., in Marlton, New Jersey, have a wealth of experience in guiding clients through both the mediation and family court system. The benefits of having a seasoned attorney by your side are far more beneficial than attempting to navigate this complicated and emotional process alone. Learn more by contacting us online or calling us at 856-795-9400 today.