Mediation FAQ
Divorce and Family Mediation provides a means for spouses to address their concerns with the help of an impartial mediator outside of the court system. Each spouse can choose to have legal representation present during the mediation sessions or opt to engage in mediation without their attorneys. During mediation, the spouses significantly influence the final decisions and outcomes.
South Jersey Divorce Solutions helps clients resolve numerous family law disputes peacefully while avoiding litigation. Here are the most frequently asked questions we receive from clients about divorce and family mediation.
What Is Mediation?
Mediation is a method of resolving disputes outside of court with the help of a neutral third party, known as a mediator. This process allows the involved parties to discuss their issues and attempt to reach an agreement.
What Is a Family Law Mediator?
A family law mediator is a neutral third party who meets with both parties to help them reach a mutually beneficial agreement, either together or separately.
Do Family Law Mediators Have Specific Training?
Yes. Melissa Fecak, Esq., is an experienced, trained mediator on the court roster for Rule 1:40 Post-MESP Economic Mediation. She is the President of the New Jersey Council of Collaborative Practice Groups and past president of both the South Jersey Collaborative Divorce Professionals and Mid Jersey Collaborative Law Alliance. Melissa and her team have helped many New Jersey families resolve family law problems and find reasonable agreements that benefit everyone involved.
Why Should I Consider Mediation?
Mediation is a way for spouses to resolve their issues with the assistance of a neutral person outside of court. While you may hesitate to share your personal struggles with a stranger, a trained and experienced mediator can be supremely helpful. Some benefits include:
- Confidentiality: resolve your differences privately and avoid open court proceedings.
- Cost-effective: mediation is much cheaper than litigation and/or divorce.
- Reduced family conflict: mediation shields children from the conflict resolution process.
- Control: you control the mediation process, with or without your attorney.
- Tools: mediation provides many tools for negotiation and conflict resolution.
- Skills development: what you learn through mediation can be used to resolve future disagreements.
Should an Attorney Review My Mediation Agreements?
South Jersey Divorce Solutions can help you formalize the negotiated terms into a marital settlement agreement if you have already mediated your divorce or another family issue with another mediator. It’s essential to have an attorney review the agreed-upon terms to ensure that the agreement is in your best interest.
What Issues Can Be Addressed in Mediation?
South Jersey Divorce Solutions offers Family Law Mediation to help families reach a resolution through creative solutions and thoughtful insight. We can address any problem or issue concerning family law, including:
- Divorce
- Spousal support
- Property and asset divisions
- Child custody
- Child support
- Prenuptial agreements
- Parenting agreements
- Paternity agreements
- Family court order modifications
Contact South Jersey Divorce Solutions with your questions about mediation and how you need help.
How Long Does Family Law Mediation Take?
Mediation sessions typically last a couple of hours, depending on the number of issues and disagreements in the case. However, mediation can be relatively quick and inexpensive if you and your spouse can agree on many of the problems in your marriage or divorce.
How Much Does Mediation Cost?
Mediation costs vary based on the mediator’s fees and the number of sessions needed to resolve the issues. South Jersey Divorce Solutions can discuss fees during your initial consultation.
Does New Jersey Law Require Mediation in a Divorce?
In New Jersey, the court may order parties to attend mediation at any time after a complaint is filed. The court will typically select a mediator, but you and your spouse may choose your own mediator if you both agree on the same person.
Are Mediated Agreements Enforceable?
After the mediation process, the mediator will prepare a Memorandum of Understanding. This document is not to be shared with anyone other than your respective counsel. This will be the basis of your settlement agreement. Once you sign a Marital Settlement Agreement or Consent Agreement, those terms will be enforceable despite the process itself being nonbinding.
In the case of divorce, a signed agreement means your matter is uncontested and that you will only need to appear once or be able to proceed with a Divorce on the Papers to obtain your Judgment of Divorce.
New Jersey Divorce and Family Mediation
Do you have more questions about divorce and family mediation? Call South Jersey Divorce Solutions at (856) 733-0229 or contact us online to schedule a confidential consultation in Merchantville, Camden County, New Jersey.