New Jersey Divorce Mediation Lawyer

Our Law Firm Knows How To Mediate Divorce Cases

In the past, most couples had to engage in divorce litigation to resolve the many issues inherent in divorce cases. Today, alternative dispute resolution methods are gaining in popularity as they can save you time, money, and peace of mind. One such method that is becoming more common is divorce mediation.

If you are considering pursuing this approach to your legal case, a New Jersey divorce mediation attorney at Williams Law Group, LLC can help you every step of the way. We have extensive experience working with people who want to resolve their divorce through mediation. As a result, we can explain the pros and cons of divorce mediation and whether it’s the right solution for your legal issues.

What Is Divorce Mediation?

In divorce mediation, the two spouses work together with the help of a neutral third-party (i.e., the mediator) to reach an agreement on the issues in the divorce. The mediator helps the couple work through conflict but does not help them make decisions or make the decisions for them.

This process can be helpful for couples who want to keep as much of the divorce as possible out of the courtroom, but mediation isn’t appropriate in every case. Our New Jersey divorce mediation lawyers can help determine if this process is suitable for your specific legal case.

Is Divorce Mediation Mandatory In New Jersey?

The short answer? Perhaps. Couples filing for divorce may be required to enter into court-ordered mediation if they cannot agree on financial matters, child custody or other important legal issues when filing for divorce. The New Jersey judge presiding over the divorce may require a couple to meet with a divorce mediator in an attempt to resolve their differences before going to court.

However, it should be noted that divorce mediation is sometimes a voluntary process. If both parties agree they cannot resolve their legal issues with a mediator, they can request that their legal case proceed directly to divorce litigation involving a New Jersey judge.

Who Chooses A Divorce Mediator?

In general, the couple filing for divorce often jointly chooses a divorce mediator and selects someone to act as a mediator for their case. The divorce mediator selection process often involves each party filing for divorce working separately with court staff in New Jersey to pick a mediator.

If both sides cannot agree on a divorce mediator and want to still pursue mediation, the presiding judge in the New Jersey court that has jurisdiction of your case will assign a meditator to work with both parties.

How Much Does A Divorce Mediator Cost In New Jersey?

Fees vary from one divorce mediator to another. In general, many divorce mediators in New Jersey cost $100 to $250 per mediation session. However, that does not automatically mean that’s how much it will cost to hire a mediator.

As with many divorce cases, a wide range of factors can influence how much money it costs to hire a divorce mediator. One key factor is how many times the couple filing for divorce meets with the mediator and how long each mediation meeting lasts. When all these factors are taken into consideration, a divorce mediator may cost each party thousands of dollars.

However, compared to divorce litigation, hiring a New Jersey divorce mediator may ultimately end up costing each party less money overall. These financial considerations should all be taken into account when deciding whether to hire a divorce mediator to handle your case.

How Long Does Divorce Mediation Normally Take?

Like the cost of a divorce mediator, how long the divorce mediation process takes in New Jersey can vary widely from one case to another. Sometimes, several meetings with a divorce mediator that last a few hours can resolve all the legal issues between two spouses filing for divorce. Other times, the divorce mediation process can take several weeks, months or even longer than a year to resolve. Your attorney can advise you on the anticipated divorce mediation timeline for addressing all the legal issues associated with your case.

Is Divorce Mediation Legally Binding In New Jersey?

In general, any legal issues or agreements discussed during divorce mediation in New Jersey are legally non-binding. This means that if one or both parties filing for divorce disagrees with the recommendations of a divorce mediator, one or both parties do not have to accept the divorce mediator’s recommendation. Instead, one or both parties can request that such issues be resolved through divorce litigation or another legal process.

This simply means you don’t have to accept a divorce mediator’s decision. You can choose another method to resolve any legal issues involving your former spouse. This is why it’s important to have an experienced New Jersey divorce lawyer advising you throughout your legal case.

When Does Mediation Work?

Mediation is ideal for cases involving mild to moderate conflict over any number of issues like alimony, property division, child custody, and child support. This process doesn’t require the parties to come to the table totally in agreement; the mediator can help both spouses work through any disagreements they have. Nor does it require each spouse to have a legal background. A spouse can have a traditional divorce attorney assist them in the mediation, therefore reducing the potential for decisions that are not in his or her best interests.

When is Mediation Risky in New Jersey Divorce Cases?

Cases involving domestic violence or child abuse or neglect typically aren’t appropriate for mediation. The reason for this is evident; the two spouses must work together, often in the same room, for this type of divorce to be successful. They must also make all the decisions on their own. If there is a severe imbalance of power or if it is evident someone of authority should be making the decisions, mediation may not be a good idea. This process leaves the potential for either spouse to influence the other. Therefore, if violence or harm are risk factors, alternative dispute resolution should be avoided.

Alternative dispute resolution can also be used successfully in custody and parenting time disputes. In fact, New Jersey courts often refer parents to the Custody and Parenting Time Mediation Program as it is often helpful for parents in conflict. But, again, cases involving child abuse or neglect are typically better suited for traditional litigation where a more thorough review of the facts at hand will take place, and any power imbalances will be mitigated.

Speak with an experienced New Jersey divorce attorney if you have questions about mediation. This form of divorce has many benefits, but it isn’t appropriate for every case. A skilled attorney can help you identify the right option for you given the facts and circumstances of your case.

Contact a New Jersey Divorce Mediation Attorney

Are you contemplating divorce? Williams Law Group, LLC can provide you with tenacious legal counsel to get you the outcome you want. Our New Jersey divorce mediation lawyers could help you through this process and work to reduce your stress during the end of your marriage. Contact us and schedule a consultation today and get connected with an experienced attorney at our New Jersey law firm.