Mediation

The costs associated with divorce and child custody related matters are not generally anticipated or planned for. Such unanticipated costs can cause additional stress in an already difficult situation. In New Jersey, mediation is offered as an alternative dispute resolution process to assist parties with resolving divorce and custody related matters by consent.

The intention of mediation is for parties to reach a mutually agreeable, legally binding settlement that considers the totality of the circumstances from both parties’ perspectives. Mediation offers a private and efficient process for families, which is a more cost-effective and timelier alternative to traditional divorce and custody litigation. By choosing mediation, you can avoid the high costs, uncertainty, and public exposure often associated with courtroom proceedings.

Mediation is a voluntary process during which a neutral third party, the mediator, facilitates communication between parties to assist them with reaching an agreement. A mediator will not make legal decisions but can suggest ideas to assist you in reaching a common ground. Any legal options discussed are intended to guide you toward a compromise, not limit any available choices. The goal of a mediator is to assist you with finding solutions that work best for you and your family.

This allows parties to resolve their matters on their own in lieu of relying on a Judge in traditional litigation. For example, in a divorce matter, spouses can resolve key issues, such as custody related issues, spousal and child support, asset division, and debt allocation. Similarly, in non-dissolution/child custody matters, parents can resolve key issues, such as parenting time and child support. Mediation can also be utilized in post-judgment matters, such as modification or enforcement of agreements.

During mediation, limited statements related to income, assets, and liabilities as well as budgets can be exchanged as agreed upon between the parties. The simple process of document exchange requires far less paperwork than the extensive information-sharing involved in formal discovery conducted in relation to traditional litigation. The information shared in connection with mediation is confidential within the process, which allows the participants to discuss information openly.

Once a settlement is reached, the mediator can prepare a Memorandum of Understanding (MOU) outlining the terms agreed upon by the parties. The MOU can then be shared with counsel for review, and the terms can be incorporated into a final agreement for execution. In the situation of a divorce, a Marital Settlement Agreement would be prepared and incorporated into a Final Judgment of Divorce filed by the Court.

Our firm has created a list of frequently asked questions about mediation for reference to assist you with determining if mediation is the right choice for you and your family. Click here to learn more.

Weinberg, Kaplan & Smith also offers a complimentary 30-minute meet-and-greet session for those interested in mediation, without any obligation. Please get in touch with our office at 856-795-9400.