New Jersey Divorce Mediation

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Mediation has become a widely-accepted process in many countries across the globe. Although this is a new concept, its advantages have made it a popular option for dispute settlement. In the USA, many states have provisions for this process. New Jersey divorce mediation is meant for couples who have filed for divorce in New Jersey and want to resolve their conflicts in an amicable manner. A couple may have issues regarding assets or liabilities, taxes, child support, parenting time, retirement benefits etc. Depending on the number and complexity of issues, a couple can take one session for a day or many sessions that can run for several days. A mediator helps the couple remain focused on the solutions and not on the past worries, provides brilliant ideas to the solutions and facilitates communication between the spouses. Thus the couple takes their own decision without taking part in expensive and boring courtroom proceedings.

Although the basic procedure of meditation remains the same in most of the countries, it is necessary to have an idea of the process in your state. We provide here some relevant information about New Jersey mediation that will help divorcing couples in a number of ways:

Free consultation in New Jersey Divorce Mediation

Some law firms in this state provide a free consultation for divorcing couples which lasts for half an hour. This type of consultation has the following characteristics:

  • The mediator provides information about the particular session.
  • The divorcing couples can ask many questions to the mediator.
  • This time can be used by the divorcing couples to assess the mediator.
  • The mediator makes use of this opportunity to estimate if the divorcing couple is prepared for the reconciliation conference.

Divorce and Family issues

Some common issues are discussed during such session like:

  • Pre-marital agreements
  • Step family issues
  • Post-divorce conflicts
  • Separation and divorce issues
  • Parenting issues
  • Parent-teen problems

Is there any restriction when to begin mediation?

It sometimes happens that the divorcing couple hires lawyers for their lawsuit and in course of time they are frustrated as the litigation takes too long and the expenses are too much. At some point of time, they feel they should opt for reconciliation, but it is too late to start mediation. However, it must be kept in mind that it is never too late for such steps. At any stage prior to the completion of the divorce, it is beneficial for the divorcing couple to solve their conflicting issues by negotiation session rather than through lawyers. The couple has to just instruct their lawyers to stop work and choose an apt mediator.

Is there any hurdle to successful mediation?

Although, there might be considerable anger amongst the divorcing couple, still there is a possibility that the mediation would be successful. The reason is that the mediators are given training on how to make the parties concentrate on solutions for the future rather than discuss past events. If the divorcing couple puts their anger aside during the session and accedes to the fact that if they can reach a solution voluntarily, it is more beneficial for them rather than the adversarial process, then the collaborative method of dispute resolution would be a success.

Time needed for mediation

The average time required for such session is from 8 to 15 hours. However, this alters depending on the complexity of financial and parenting issues and the commitment of the divorcing parties to the procedure.

What if your lawyer does not advise mediation?

As lawyers are likely to lose the legal fees of litigation, they generally do not recommend negotiation conference. In such a scenario, the divorcing couple should ask certain questions to such a lawyer and then make a decision on their own. Such questions are:

  • Why the particular conflict resolution method should not be opted for to resolve the disputes?
  • In case I opt for this method, will I still be able to use your services for legal advice during the process and for reviewing the final agreement? If
  • your reply is no, what is the reason for that?
  • How many months would the following processes take?
    • Trial
    • Your services rather than reconciliation conference
    • Your services as well as reconciliation conference

Who prepares the divorce papers?

In New Jersey the same professional cannot act as a mediator and an attorney. The mediator cannot prepare the final mediation papers, also known as Memorandum of Understanding or MOU. Usually this document consists of 18 to 22 pages and is handed over to the attorney by the divorcing spouses. The attorney will do the required paperwork and in order to file the case with the court.

One of the great advantages of New Jersey divorce mediation is that it can help couple avoid the divorce and make a new beginning. Thus any couple who want to get separated must try for a negotiation session, because it is the only way of making customized agreements without the direct interference of the court.

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