In New Jersey, the courts have recognized the benefits that come from parties reaching an agreement on their own regarding custody, parenting time, support, and equitable distribution versus the court deciding those issues. Specifically, the idea is that parties will be more likely to follow an agreement if they believe they had an active part in reaching and formulating those terms than if a court is simply telling them how the issue is being decided. To help facilitate discussions between parties in a divorce matter, the court encourages the use of alternative dispute resolution processes.
An alternative dispute resolution process is a method for parties to attempt to resolve the issues arising from their divorce matter in a manner which the court acknowledges can be less expensive, more efficient, help to reduce the level of conflict between two parties, and offer a level of privacy which cannot be afforded in family court which is generally open to the public.
A common alternative dispute resolution process is mediation. In mediation, the parties (either by themselves or with counsel) meet with a trained, independent third party whose goal is to assist the parties in trying to come to an agreement on the outstanding issues. A mediator is neutral, meaning the mediator does not advocate for either party’s position, nor does the mediator offer legal advice to either party. Rather, the mediator is there to help facilitate productive conversation between the parties, which will hopefully lead to resolving an issue in a manner that is satisfactory to both parties. The mediation process is confidential, which means neither the mediator nor the parties are permitted to disclose the discussions in mediation with the court, except in the limited context of a request for counsel fees once the court has rendered a decision on the outstanding issues.
If you are looking to try and amicably resolve the issues in your divorce matter, mediation is a great, cost-efficient mechanism to have productive settlement negotiations. Contact Obermayer’s mediation team to learn whether mediation is the right fit for your situation.
The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.
Allison concentrates her practice on all aspects of family law including divorce, child and spousal support, domestic abuse, paternity, and adoptions in the greater Mount Laurel, NJ area. As an attorney practicing...
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