NJ Divorce 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.
Frequently Asked Questions about Divorce Mediation in New Jersey
How much does it cost?
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.
Does each party require an attorney to schedule/attend mediation?
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.
At the conclusion of a successful mediation, the mediator typically drafts a Memorandum of Understanding outlining the issues and agreement to each issue. The parties will then be advised to consult with independent counsel to review the agreement. However, neither party is bound to review and may voluntarily waive his or her right to counsel.
Do I have to sit in the same room as the other party?
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.
Learn everything you need to know about the divorce mediation process in New Jersey. Speak to one of our Family Law Attorneys today by contacting us or calling 1.(732) 726-6236.