Overview & Benefits of the New Jersey Mediation Process
Overview of New Jersey Mediation
Couples and families wishing to resolve their family law and divorce related issues have many legal options available to them. If they wish to resolve these issues outside of a New Jersey courtroom, NJ mediation is often the best choice. New Jersey divorce mediation often concludes with an amicable resolution to even the most complicated family problems—making it one of the fastest growing alternative dispute resolution methods in the State of New Jersey.
New Jersey Mediation is Non-binding
During the New Jersey divorce mediation process, both parties meet with a neutral third party professional (also known as a mediator) to reach an agreement. During this meeting, New Jersey couples may choose to enter mediation with or without their lawyers present. These confidential sessions allow for both parties to discuss their differences in a safe and controlled environment. Unlike a judge, the mediator does not make any decisions; instead, the mediator facilitates appropriate conversation between the disagreeable parties so that a mutually beneficial agreement can be reached. Nothing discussed in the New Jersey mediation sessions is formally agreed to or enforceable unless there is an executed agreement that has been signed by both parties. In other words, mediation is non-binding.
The Benefits of New Jersey Mediation
There are a number of litigants or potential litigants gravitating towards New Jersey mediation due to the following positive benefits that NJ mediation has to offer:
- Voluntary—in private New Jersey mediation, both parties are willing participants who want to be engaged in the process towards a potential resolution.
- Confidential—all New Jersey mediations, whether private or court–mandated, take place in a confidential setting. This ensures that the 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 the private mediation process and in court-mandated New Jersey 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 NJ mediator will assist in facilitating a reasonable agreement between the parties.
- Non-binding—no agreement reached during the course of the mediation session is initially subject to enforcement until the final settlement contract is signed by both parties.
- Collaborative—during a mediation session, the mediator's goal is to assist the parties in working together to reach an amicable resolution that suits their needs and the needs of their family. When couples 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 with the agreement(s).
Whether you are contemplating a divorce in the State of New Jersey or involved in a complicated family dispute, New Jersey mediation is often the most economical, efficient, and amicable way to resolve your issues.