OVERVIEW OF MEDIATION
New Jersey (NJ) Mediation Lawyers
Mediation is one of the fastest growing Alternative Dispute Resolution methods in resolving family law and divorce related issues.
The process of mediation involves both parties sitting down with a neutral third party professional with or without their lawyers present. The mediator does not make any decisions but may make recommendations during the confidential sessions. Nothing discussed in the sessions with a mediator is formally agreed to or enforceable unless there is a Consent Ordered Agreement that is signed by both parties. In other words, mediation is non-binding.
There are a number of litigants or potential litigants gravitating to mediation due to the following positive characteristics that mediation has to offer:
- Voluntary- In private mediation, both parties are willing participants, wanting to be engaged in the process toward a potential resolution.
- Confidential- All mediations, whether private or court–mandated, take place in a confidential setting so that settlement discussions and negotiated positions revealed by each party never reach the judge, courtroom or court papers. Both parties are therefore free to openly offer reasonable settlement terms without the concern that a judge might learn about their “over-generosity” or “under-generosity” should a settlement not occur in mediation.
- Neutral – In both a private or court-mandated mediation, the professional mediator’s role is to remain impartial with no vested interest in either party’s position. After understanding both parties’ positions, the mediator may propose settlement options or suggestions in order to assist in facilitating a reasonable agreement between the parties.
- Non-binding- No agreements reached during the course of the mediation session is initially subject to enforcement.
- Collaborative- During a mediation session our goal as mediators is to assist the parties in working together to reach an amicable resolution that suits their needs and the needs of their family. We have found that when the parties settle their own conflict during mediation it tends to reduce the tension between the parties, which helps preserve the relationships, strengthen co-parenting and provides a greater likelihood of compliance as to their agreement(s).
Contact a New Jersey divorce, matrimonial and family law mediator at the office of Weinberger Law Group, LLC today at (973) 520-8822. Together we can discuss how mediating your divorce or family law matter can be beneficial for your specific situation.
| Mediation | |
| The Mediation Process | |
| Private Mediation | |
| Court Mandated Mediation | |
| Alternative Dispute Resolution | |
| Contested Divorce | |
| Uncontested Divorce | |
| Legal Separation |
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.
