COURT MANDATED MEDIATION
New Jersey (NJ) Court Mandated Mediation Lawyers
The family court in New Jersey currently has two Court mandated mediation programs that parties going through a divorce must participate in depending on the issues involved in their specific matter. One type of court mandated mediation can occur if the parties have children. In this situation mediation for custody and parenting time issues may be court mandated during the divorce process. The other type of court ordered mediation can occur if the parties have unresolved financial issues, in which case they will need to attend required mediation for economic issues. Both of these mediations will be explained in further detail below.
Court Mandated Mediation for Custody and Parenting Time Issues
After a Complaint for Divorce has been filed with the court indicating that there is a custody dispute between the parties, a date is scheduled to have the parties come to the court without their attorneys for a session with a court appointed mediator. This session with the court appointed mediator is intended to assist the parties to resolve the child custody and parenting time issues and it does not have any associated cost or charge. The mediator offers the parties an opportunity to express their respective positions and attempts to facilitate a custody, child visitation and parenting plan that is comfortable for everyone involved. The court mediator does not make any decisions and the sessions are confidential and non-binding. If there is an agreement between the parties, the mediator sends an outline of the terms and provisions of the agreement to the attorneys. The mediator will request confirmation that the agreement details are accurate and the attorneys are asked to formalize this outline into a Consent Order which is then signed by the parents, the attorneys, and the judge and it is filed with the court. This is a fully enforceable Court Order.
Court Mandated Mediation for Economic Issues
The second court mandated mediation occurs, if the financial issues of the case have not resolved after the Early Settlement Panel date. In this event, the parties are again required to attend mediation, but this time with an economic mediator, who will not discuss child custody and visitation. The first 2 hours of time with the economic mediator are free of charge and payment at the mediator’s hourly rate is billed thereafter should you choose to continue with the sessions. The mediator generally requests that each party present written position papers in advance of the first session along with a copy of the Case Information Statement for each party. As with a private mediator, the economic mediator does not make any decisions and the sessions are confidential and non-binding. If there is an agreement between the parties, the mediator sends an outline of the terms and provisions of the agreement to the attorneys in a document called the “Memorandum of Understanding” and requests confirmation that the agreement details are accurate. The attorneys are asked to formalize the outline into a Consent Order which is then signed by the parties, the attorneys, and the judge and it is filed with the court. This agreement may ultimately become the Marital Settlement Agreement or property Settlement Agreement of the parties, which would be the parties’ final enforceable settlement document.
Contact the New Jersey divorce, matrimonial and family law mediators at the office of Weinberger Law Group, LLC today to discuss how our mediators can help you resolve your divorce or family law matter.
Our partner, Bari Zell Weinberger, is certified by the Supreme Court of NJ as a Matrimonial Law Attorney. This Certification is achieved by only 2% of the attorneys in New Jersey.
