Is Mediation Required in New Jersey?
New Jersey, along with many other States have mediation required in the divorce process, especially when there are disagreements between parties on financial matters or child custody issues. Almost any issue relating to divorce can be resolved through mediation if both parties are able to agree. This means that being able to know how to navigate the mediation process can prove to be advantageous.
What are the Advantages of Mediation?
Some of the main benefits of choosing to resolve the pending divorce issues through mediation, as opposed to the litigation process are cost, time, and control.
Cost of Mediation in NJ
First relating to cost, being able to solve most or all issues at mediation will significantly reduce the amount of fees that otherwise will have to be paid if the case goes to trial. Litigation is an expensive endeavor and can include the additional costs of having your attorney file a complaint for divorce, an answer and/or counterclaim; having your attorney request and respond to discovery; your attorney having to file or respond to motions; the cost for experts and witnesses; in person court events such as case management conferences or other in-person court appearances, and of course, paying for your attorney for attending trial. All of these costs can be significantly reduced through the mediation process.
The second advantage of mediation is time. As noted above there are many steps that can occur in the litigation process. These can take months, and in some cases, years to go through. Setting up a mediation session can take only a few days! Mediation allows for a swift resolution of your divorce matter without having to go through the many hoops of the legal system.
Mediation Offers More Control
Finally, there is an element of control when attending mediation. Instead of having a Judge be the final decision maker of issues such as custody, spousal and child support, or equitable distribution, you and your spouse can work amicably to create a resolution that works best for the both of you and, if applicable, your children. In a general sense, parties are more satisfied with outcomes that they have had a role in creating.
Do you have more questions about the Mediation Process in New Jersey? Or need guidance going through mediation? Let’s discuss your options and create a strategy that works for you.