It is a type of alternative dispute resolution (ADR), meaning it is one method used to resolve legal cases without going through litigation or going to trial. In mediation, a neutral third party, usually a lawyer, meets with the parties to a case to help them find solutions to resolve their differences without court intervention.
A mediator does not represent either of the parties and does not give legal advice. The mediator’s job is to make sure the parties address all issues necessary to resolve their case by moderating their discussion of the issues. The mediator in a given case should also be experienced in the law governing the parties’ issues.
Divorce mediation in NJ can be used to resolve all of the issues that arise in a divorce. Parties in every divorce must address economic issues. This means identifying, valuing, and dividing the marital assets and debts.
While it may seem that listing what is yours and what is not in the way of possessions and debts would be easy, it is not always that straightforward. Assets can be either tangible, meaning something you can touch, or intangible, such as accounts and other financial investments. Tangible assets include things like houses, cars, furniture, and personal belongings. Those are easy to identify. Intangible assets are bank accounts, retirement and pension accounts, life insurance with a cash value, and stock options. As New Jersey is an equitable distribution state, all assets, tangible and intangible, must be identified to make an adequate settlement that is as fair to both parties as possible.
Divorce mediation in NJ helps couples wishing to avoid the costs and delays associated with a divorce trial. Couples may choose to mediate, or the court may order the parties to mediate one or more issues. Couples may choose to hire a private mediator. Alternatively, the NJ court-sponsored mediation system separates mediation into two groups: economic or financial issues and mediation of child-related issues.
In custody mediation, the mediator discusses with both parents the possible custody arrangements for the children. Mediators are usually attorneys, but they can also be court personnel or other individuals with family law experience. If you reach an agreement during custody mediation, the agreement is likely binding, meaning it would be difficult for you to request an alternative agreement later.
The mediator does not take sides, nor can they give legal advice, but parties may have their attorneys attend and participate in the mediation to fill that gap and provide legal counsel. In all types of mediation, spouses choose to represent themselves, have an attorney attend the mediation with him or her, or consult an attorney before and after the mediation. At that meeting, the attorney can help prepare the client for mediation and offer advice on the law as it applies in that particular case. The spouse can then meet with the attorney after the mediation to discuss the offers being presented. In short, legal representation is not required; however, it helps have someone who knows divorce agreements.
Beyond that, mediation provides an environment of the three C’s: compromise, conversation, and collaboration. Divorce proceedings do not have to be contentious. If children are involved, it is to their benefit that an agreement is reached in a calm, mutually beneficial way. You and your spouse may be separating, but your children will continue to be a part of your lives, and they deserve to be in an environment without constant arguments and hostility.
Our attorneys are focused on providing constructive and effective legal solutions for clients across New Jersey and Ocean County at Bronzino Law Firm, including Point Pleasant, Toms River, Spring Lake, Sea Girt, Jackson, Wall, and Brick.
Our unique approach to family law centers around creating family life plans out of family law problems. We understand how stressful divorce can be. By listening carefully to all of your needs and concerns and keeping you highly informed and involved throughout the legal process, we believe we can work together to achieve the results you need in your unique legal situation.
To schedule a confidential case assessment with our firm today, please contact us by filling out our contact form or through our Morristown, NJ office at (732) 812-3102.