Townsend, Tomaio & Newmark respects your health and we are doing everything we can in our firm regarding the Coronavirus to maintain a clean and healthy environment for initial consultations and for any consultations at our office.

100 South Jefferson Road, Suite 200 Whippany | 
973-840-8970

What Do I Need to Know About Divorce Mediation in New Jersey

There are many couples who wish to go through a divorce outside of the courtroom. It is because of this that other alternative methods exist that allow them to do so. One of the most common alternative methods of divorce is mediation. This is a process that exists without litigation or the assistance of a judge. Instead, it takes place with just the couple and a mediator between them. When facing these situations, it can be beneficial to retain the services of an experienced New Jersey divorce attorney for guidance. 

Who Attends Mediation?

Throughout the process of mediation, both spouses are present to discuss the arrangements of their future. In addition to this, they are accompanied by an unbiased third party. This individual does not make decisions for the spouses, but helps them reach agreements on their own. They are there to settle any disputes that arise and help the couple find an amicable ending to their divorce. During mediation, conversations regarding child custody, child support, spousal support, dividing assets, and more will take place. 

What are the Benefits of Mediation?

There are certain benefits that come with going through a mediated divorce instead of litigation. For example, spouses are able to come to decisions on their own terms instead of relinquishing their right to do so to a judge. This allows them to have control over the process to ensure an outcome that works for both parties. It also allows the process to remain less hostile, as mediation fosters an environment of open and healthy conversation. 

In addition to this, mediation is a completely confidential process as it only allows the three important parties to be present. Both spouses and the mediator are required to keep all the information that is discussed during the meetings private. Also, while there is no time limit to the process, mediation is usually faster than litigation. However, spouses are allowed to go at their own speed and are not rushed to come to a conclusion.

How Does Mediation End?

Mediation can end based on what the couple decides. If they are unable to work together and need to go through litigation instead, they can end the process at any time they want. When spouses are able to reach the terms of their divorce through mediation, the mediator can then draft a Memorandum of Understanding. This outlines the agreements the couple made to be reviewed. Both spouses can then take the document to their attorneys who can then create a Matrimonial Settlement Agreement to sign and present to the court.

Contact our Firm

If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.