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Mediation in Red Bank, NJ

SYLVIA S. COSTANTINO ESQ., LLC

What is Mediation in a New Jersey Family Law Case?

SYLVIA S. COSTANTINO ESQ., LLC

Let Our Top-Rated Red Bank Divorce Lawyers at the Law Offices of Sylvia S. Costantino Esq., LLC 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.

At least once in almost every family law case, especially in divorce cases, your case will be sent by the court to mediation 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. 

There is also the option of Private mediation where parties elect to attend mediation with an attorney or family law judge, without independent counsel.  This neutral third party does not represent either party but with their knowledge and experience, they can help guide you to a resolution, helping you to avoid litigation.

At the Law Offices of Sylvia S. Costantino Esq., LLC, we are well versed in mediating family law cases. Safeguarding your future and your children’s future is our top priority.  

SYLVIA S. COSTANTINO ESQ., LLC

What is the Difference Between Mandated Mediation and Private Mediation?

Mandated Mediation in NJ Family Cases

Mandated Mediation is entirely different than Private Mediation. Mandated Mediation is where the parties are ordered by the Court to attend mediation with a trained mediator to try and resolve their issues without further litigation. Each party usually has their family lawyer present for these mediation sessions. The mediator is usually an attorney or a retired family law judge.

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

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 are able to 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 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. 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 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.

Private Mediation in New Jersey Family Law Cases

Private mediation is where two parties going through a family law case or divorce retain an attorney or retired family law judge to act as mediator. The mediator in a private mediation does not represent either party and cannot offer either 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.

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.