Divorce mediation is a process whereby a neutral professional assists a couple to find common ground and to facilitate settlement of their disputed issues. These may include financial issues such as alimony, distribution of marital assets, or child custody and parenting-time issues, to name a few.

You can mediate your divorce or other family issues before you file for divorce, or during the divorce. You can also settle your case at any time during the divorce process just up to the time of trial. In fact, almost all cases settle before trial.

Most cases settle before trial.  Mediation can help.

A mediator will usually write down your areas of agreement into what is called a Memorandum of Understanding. You don’t sign that memorandum. The mediator does not sign that Memorandum. Rather, you then take the memorandum to your own attorney for review so that your interests are protected. Your attorneys will transform that memorandum into a final Property Settlement Agreement which will become part of your divorce decree and under which you will be bound by the Court.

Your lawyer cannot also be your mediator. You need an outside neutral party to mediate. The mediator does not offer legal advice. That is the job of your attorney. Our law office provides both services. We provide legal representation to advocate for individuals needing a lawyer in Family Court and we also provide mediation services for couples who want to work things out as much as possible before (or during) the actual divorce process. Obviously it is more cost effective for a couple to work things out either between themselves or in mediation, rather than to “fight it out” in Court. Sometimes it is possible and sometimes it is not depending on the circumstances.

Mediation allows a couple to work things out between themselves,
rather than to “fight it out” in Court

Everything that takes place in mediation is confidential and the mediator cannot be used as a witness in subsequent litigation. The parties agree beforehand that anything said in mediation is not admissible into evidence. There are obviously no guarantees that mediation will work, but if the parties can sit at the same table and both are willing to compromise in good faith, then there is hope for settlement.

The New Jersey Courts will nevertheless order mediation if there is no settlement just before trial. It is called “Mandatory Economic Mediation”. At that time, the Court will direct the parties to a mediator who is on the list of approved family law mediators (Pursuant to Court Rule 1:40-12(b) & Appendix 19). Your attorney will usually attend the Court-ordered mediation session with you and may play an active or passive role there, depending on the circumstances. Jonathan D. Gordon, Esq. is an approved Mediator under that program, is on the Statewide Roster, and receives Court referrals as well as private or self-referrals for mediation services.

Text & Content - Copyright© 2007-2008 Jonathan D. Gordon, Esq., LLC All Rights Reserved
Design & Graphics - Copyright© 2007-2008 OptimusLaw® All Rights Reserved
Designed & Hosted By OptimusLaw
OPTIMUSLAW.COM