Mediation in Red Bank, NJ
What is Mediation in a New Jersey Family Law Case?
Divorces are hard and reaching an amicable agreement during a divorce sometimes feels out of reach for many months or longer. In New Jersey, courts require divorcing couples to attend mediation before the divorce goes further in the litigation or gets to trial. Mediation can be extremely beneficial because it brings in a neutral third party who can help guide the conversation and keep everyone focused on reaching a mutual agreement. There are several different types of mediation, with some required (Court-Mandated) and some optional (Private Mediation).
Let Our Top-Rated Red Bank Divorce Lawyers at the Law Offices of Sylvia S. Costantino Negotiate Your Family Law Issues in Mediation
Using mediation to resolve your issues means less conflict and will likely result in an overall savings to you.
Court-Mandated Mediation in New Jersey Divorce Cases
Your divorce case will be sent to mediation by the Court to assist you and the other party in resolving your issues without necessitating further Court involvement. This is known as Court-Ordered Mediation, also known as Mandated Mediation.
Mandated Mediation is required under the NJ Court Rules, and there are two different types:
- Mediation for Custody and Parenting Time Issues; and
- Economic Mediation
Custody and Parenting Time Mediation in Monmouth and Surrounding Counties
Once a Complaint for Divorce is filed and the Court is on notice that there are minor children born of the marriage, the parties will be scheduled to attend Custody and Parenting Time mediation free of charge at the courthouse. Depending on the county in which your action is filed you will likely attend this court-mandated mediation without your attorney. The process is confidential and non-binding. The mediator will assist the parties in deciding on the best parenting time plan for your family with input from both parties. Custody will also be discussed, including the different types of custody arrangements and whether one parent will be designated as Parent of Primary Residence and the other as Parent of Alternate Residence. If the parties can agree on terms, a Memorandum of Understanding will be sent to the parties’ attorneys so that it can be discussed with their clients before the client commits to the terms.
Economic Mediation in NJ Divorce Cases
If your divorce case gets to a certain point and there are still disputed financial issues, economic mediation will be ordered by the Court. If the parties are unable to agree on a mediator, the Court will select one from a roster of qualified mediators. In most all cases, economic mediation will be attended by the parties and their attorneys. By definition, economic mediation is not supposed to address any custody or parenting time issues, however, in most cases, the role of the mediator is expanded so that they can assist counsel and the parties with all issues to assist the parties in reaching a wholistic or global settlement.
Despite what type of Mandated Mediation you attend, the process is non-binding and confidential.
Most divorce cases will be resolved after one or more mediation sessions.
Private Mediation in New Jersey Family Law Cases
The last type of mediation in divorce cases is called Private Mediation. Private mediation, also known as Traditional Mediation, is where two parties going through a family law case or divorce retain an attorney or retired family law judge to act as their mediator or a neutral. Typically, the parties will attend private mediation without an attorney present to represent their interests. Sometimes a client wishes to retain legal counsel so that they can get legal advice and strategize for their case, yet they attend private mediation sessions without that attorney present.
Keep in mind that the mediator in a private mediation does not represent either party and cannot offer either of them legal advice. The mediator in this situation is a neutral presence and assists the parties in reaching a resolution of their issues. Just like mandated mediation, the process is non-binding and confidential.
While opting for private mediation can save time and money, not every case is right for private mediation. In a divorce, matters can quickly become complex or hotly contested. If private mediation falls apart, you would both have to start over with either another mediator or get separate attorneys.
At the Law Offices of Sylvia S. Costantino, our Top-Rated Family Attorneys are well-versed in assisting you through the mediation process, whether mandated or private. Keep in mind that family law cases that settle, often do so as a result of mediation.
Specializing in Divorce & Family Law in New Jersey, the Law Offices of Sylvia S. Costantino are fully immersed in this area of law so that we can offer you unparalleled legal representation. When everything that is near and dear to you is at stake, it is crucial to have the right legal advocate in your corner.
We are dedicated to serving people going through a very emotionally and often financially difficult time in their lives whether it is a divorce, post-judgment issues, or even custody and parenting time issues. Our extensive knowledge of Family Law sets us apart from other law firms, and we invite you to schedule your free consultation to learn more about the various options for alternative dispute resolution available to you.
What is the Difference Between Mandated Mediation and Private Mediation?
Mandated Mediation in NJ Family Cases
It is important to keep in mind that all divorce cases will be sent to Mandated Mediation, of which there are two types in New Jersey family law cases:
1. Mediation for Custody and Parenting Time Issues; and
2. Mediation for Economic Issues
Custody and Parenting Time Mediation in Monmouth and Surrounding Counties
Economic Mediation in NJ Divorce Cases
Despite what type of Mandated Mediation you attend, the process is non-binding and confidential.
Private Mediation in New Jersey Family Law Cases
At the Law Offices of Sylvia S. Costantino Esq., LLC, our top-rated family attorneys are well versed in assisting you through the mediation process, whether mandated or private. Keep in mind that family law cases that settle, often do so as a result of mediation.
Focusing on divorce & family law in New Jersey, the Law Offices of Sylvia S. Costantino Esq., LLC is fully immersed in this area of law so that we can offer you unparalleled legal representation. When everything that is near and dear to you is at stake, it is vital to have the right legal advocate in your corner.
We are dedicated to serving people going through a very emotionally and often financially difficult time in their lives whether it is a divorce, post-judgment issues, or even custody and parenting time issues. Our extensive knowledge of family law sets us apart from other law firms, and we invite you to schedule your free consultation with a family attorney to learn more about the various options for alternative dispute resolution available to you.
