If you and your spouse choose to use a mediator, you can gain significant benefits personally, financially, and legally. This process also supports the health of your children and your overall family structure. One positive aspect remains consistent across all categories of mediation: you and your spouse maintain control.
If both parties come to the table with reasonable expectations and a willingness to compromise, you stay “in the driver’s seat.” In contrast, courtroom decisions are determined by a judge’s discretion. Once a judge rules, you are typically required to accept those terms. Any changes later would require a post-divorce modification claim, leading to more litigation and financial investment. Private mediation helps you co-parent more effectively. It allows you to create a custody and visitation plan that works for everyone.
A frequent question is: “Can two litigants use one mediator?” The answer is yes. A single mediator can handle a matrimonial matter for both parties. It is the litigants’ decision whether to attend with or without attorneys. While many successful settlements happen without lawyers, many others involve legal counsel on both sides. The most effective mediators are often experienced matrimonial litigators who understand the “inside game” of the court system.
Private Mediation in Morris County, NJ
Mediation is a frequently used method for negotiating a settlement in your divorce. You hire a neutral third party to facilitate discussions. The mediator does not make decisions for you. Instead, they serve as a facilitator to help you figure out what is best for your future.
In private mediation, the parties decide exactly which matters they want to resolve. Key features of this process include:
- Comprehensive Resolution: Private mediation aims to resolve all issues, including alimony, child support, and parenting time.
- Flexibility: Even resolving just one or two issues can save significant time and money.
- Uncontested Filing: If an agreement is reached, the divorce can be filed as an uncontested matter.
Financial Implications of Private Mediation
Because this is a personal choice made by the couple, the individuals cover the cost of the mediator. However, a successful mediation results in a significant reduction in overall legal fees. You avoid the high costs of prolonged litigation. If mediation fails, it represents an additional cost on top of the litigation fees that will accumulate through the court process.
Court-Appointed Mediation in Morristown, NJ
The court requires mediation as a first step in the divorce process. However, court-appointed mediation differs from privately retained mediation. It is a common misconception that court-mandated sessions remove the need for private ADR options.
Financial Realities of Court-Mandated Mediation
New Jersey Courts may require mediation for child custody or economic issues. Understanding the financial structure is vital:
- Custody Mediation: This is often ordered first, and the court typically covers the cost.
- Economic Mediation: The court only covers the cost of the first two hours. If the couple continues without reaching a resolution, they must pay for the remaining time.
- Hidden Costs: Even if the court covers some mediation fees, you still pay for your private attorney throughout the process. This adds to the overall economic burden.
Contact a Whippany Mediation Lawyer Today
Our partners have a combined 30 years of mediation experience. Several of our attorneys are New Jersey Court Approved Family Mediators under court rule R.1:40-12. We combine our legal knowledge with compassion and sensitivity. This ensures you feel safe and in control every step of the way.
To find answers to your questions, contact our divorce and family law mediation team today. Call our Morris County office at 973-840-8970 or schedule a consultation via our contact form.
