How Divorce Mediation Works In New Jersey

The idea that divorce has to be a long, drawn-out trial is not necessarily true. In fact, more and more divorce cases are being settled through the mediation process. Furthermore, couples who can't come to an agreement are actually required in New Jersey to first attend mediation. The court system encourages mediation as this is often a more efficient and amicable way of coming to a divorce agreement.

What Is Mediation?

You may be wondering what exactly mediation is: It's a type of alternative dispute resolution (ADR) method. Other types of ADR include negotiation and arbitration. During mediation a third-party neutral facilitates negotiations between parties. The entire process is confidential, and either party can back away at any time. Even if a divorce settlement agreement is reached, either party can decide they want to proceed with trial.

Many divorcing parties are turning to mediation because it has this flexibility. In addition, divorce resolved through mediation often takes less time and is less costly. Parties are able to create a divorce agreement that they want, not what a judge ultimately decides for them.

Is Mediation Really Required In New Jersey?

Yes. Divorcing parties are not able to go directly to litigation. The New Jersey Family Court System requires a disputing divorce case to go to mediation — specifically, a forum called an Early Settlement Panel (ESP). Even if mediation is unsuccessful from this point, the court then sends a disputing divorce case to economic mediation outside the court. As you can see, New Jersey is a state that advocates for the divorce mediation process.

Talk To An Experienced Divorce And Mediation Lawyer

If you are considering filing for divorce, it is important to consult with an attorney who is very knowledgeable with the divorce process in New Jersey. At The Law Office of Agnes Rybar, LLC, I have practiced family law my entire legal career. Helping clients get through the divorce process is my primary focus. I have handled many cases involving divorce mediation. Even if your case can't be resolved through mediation, I also have extensive divorce litigation experience.

For more information about my divorce law services, reach out to my law office in Toms River, New Jersey, and schedule a confidential consultation. You can reach me online or call my law office at 848-480-1428.