For centuries, Mediation has been an honorable approach to solving disputes. More recently, it has been successfully applied in Matrimonial matters. Mediation helps couples settle issues regarding spousal support, property division and parenting time, during and post divorce. As an alternative to Legal Representation, its success depends on cooperation.
A Mediator does NOT represent either spouse in a Family Law matter. Mediators are impartial facilitators in a dispute, helping clients to secure agreements and settle matters without adversarial exchange. A successful mediation requires that couples fully cooperate in the process, working toward a written Agreement that both can live with. The overwhelming majority of matrimonial cases (over 98%) settle before ever going to trial. Matrimonial Mediation can facilitate the settlement process, leading to a faster and less expensive outcome.
Economical
Depending on the nature of the case and willingness of the parties to settle their disagreements, Mediation can be a very economical solution. A single Attorney/mediator handles the dispute and helps the couple to create a written Agreement, or Memorandum of Understanding. Individual Attorneys representing Clients need only be available for final review and submission to the court.
Confidential and Results Oriented
When your matter requires the confidentiality not afforded by the public forum of the court system, consider mediation as an alternative means to settle your matter. The New Jersey Uniform Mediation Act provides that the information used to create your Agreement is privileged. That means that you have the right not to disclose it in a public proceeding subject to some specific limitations.
The Mediation Process
The Mediator meets with the couple, together, and in individual sessions with the main focus of coming to consensus. Depending on the level of cooperation and complexity of the issues, many matrimonial cases can be resolved in as little as 5 meetings. The final product is an Agreement that the couple can take to their respective attorneys for review and filing with the Court.
First Meeting Question and answer session with an introduction and overview of the mediation process.
Second Meeting Data gathering. If children are involved, finding what issues are critical for the production of a parenting plan.
Third Meeting Analysis of the information. Key issues worked on are distribution of marital assets, budgets for child support as well as modifications to prior settlement agreements.
Fourth Meeting Spousal Support. Analysis of financial and lifestyle issues are reviewed and taxes and monthly budgets considered.
Final Meeting Review the Agreement. A meeting to make sure that the Agreement accurately represents the decisions made in the prior sessions.