Results achieved in prior matters are not meant to be a guarantee of success as the facts and legal circumstances vary from matter to matter.
Mediation allows for a family law matter to be resolved within a structured setting with the assistance of a neutral/impartial third-party mediator. As a result, mediation is a fair, neutral process in which the mediator has no personal interest in the outcome beyond assisting the parties to reach an amicable settlement. It offers an opportunity to settle issues, including parenting time, child support, child custody, alimony, equitable distribution of all assets and liabilities, and counsel fees. Successful mediation can dramatically reduce both the substantial emotional and financial costs of litigating a family law matter in Superior Court. Mediation also saves time and eliminates the formality of litigation in the New Jersey Family Part, which can take a year to several years, is eliminated with mediation.
Divorce mediation takes place in a confidential setting (the mediator’s office). This means that the parties involved do not have to endure frequent appearances at a County Courthouse, where Sheriff’s Officers monitor every action, and every statement is recorded by the Court. This eliminates the anxiety of a Court proceeding. Additionally, any notes taken by a mediator are discarded at the conclusion of mediation so that the parties’ personal lives do not become part of a public record.
To speak with an attorney about divorce mediation, please contact our office.
Mediators typically charge by an hourly rate. Fees are usually shared by the parties involved or advanced from a marital asset. A retainer agreement will be provided at the initial mediation session.
No, there is no requirement that the parties retain counsel to schedule or attend mediation. This is because the mediator has a goal to assist the parties in reaching their own settlement agreement. A mediator will not represent either party in Court.
No. If both parties absolutely refuse to sit together or it becomes counterproductive to the mediation process, the mediator will “caucus” – a common term for meeting separately with the parties in different rooms.
Joseph J. Russell, Jr.
Chair, Family Law Team
Shareholder
732.726.6236
732.542.4500
