Mediation enables divorcing spouses to develop creative solutions without Court intervention. The mediation process differs significantly from the litigation process; unlike litigation, where couples lay their disputes at the feet of a Judge, in mediation, the parties work together to develop an agreement which is in both of their best interests.
A mediator is a neutral party who works with both of you in order to facilitate and negotiate the comprehensive terms of your divorce or dissolution. Individuals who attend mediation are strongly urged to retain counsel in order to review the final agreement. During the process, either party is also able to have an attorney represent them either during or after the process. The mediation process can be utilized to settle all outstanding family law issues, including spousal support, child support, custodial arrangements, and equitable distribution concerns.
If you are considering divorce mediation please contact our Monmouth County Mediation Attorneys at our office in Red Bank NJ.
When mediation has concluded, the parties receive a Memorandum of Understanding which outlines the agreements they have made with the mediator. The couple then brings their mediated Agreement to individual attorneys for review. Upon finalization of the Agreement, the parties will then proceed before the Court in an uncontested hearing wherein their Agreement will be entered with their Judgment of Divorce.
The evolution of mediation over the years has become so popular and effective that the Court has begun to refer parties to mediation in order to address various concerns, especially custodial concerns. Moreover, the Court utilizes Post Economic Mediation for litigated matters which remain unresolved.
By choosing to attend mediation before engaging in litigation, spouses can minimize the emotional and financial costs of the divorce process. Mediation is typically much cheaper than litigation, however, the overall cost is highly reflective of the parties’ willingness to work together as well as the total number of issues to be resolved. Much like the collaborative law process, mediation allows the parties to move at their own pace and work towards solutions rather than concentrating on conflicts.
Skilled mediators help couples to navigate impasse. The attorneys at Atkinson & DeBartolo, P.C. conduct private mediation sessions with spouses who approach the firm and are also appointed on matters by the Court. Our attorneys utilize their years of experience and volunteer to assist the Court in both the Early Settlement Panel program and the Intensive Settlement Panel program through the Courthouse. As a result of their combined 40 years of experience, the attorneys at Atkinson & DeBartolo, P.C. have lectured on the process at New Jersey Association of Professional Mediators (N.J.A.P.M.), and New Jersey Institute for Continuing Legal Education (N.J.I.C.L.E.) as well as having conducted mediation training for other professionals.