Before your divorce can be finalized, you and your spouse will need to resolve a range of complex issues, such as property division, alimony, and child custody and support. If you and your spouse cannot agree on these issues on your own, you might choose to pursue mediation instead. In mediation, a neutral third party called a mediator learns each spouse’s respective positions and suggests solutions for a compromise. This process can be either court-ordered or pursued privately. But how do these types of mediation differ, and which should you pursue for your divorce case?

Joseph J. Russell Divorce & Family Law Attorney can provide the answers you need and help you resolve your outstanding differences. Contact us today at (732) 726-6236 for an initial consultation with a New Jersey divorce lawyer, and we will explain the mediation process in detail.

What is Court-Ordered Mediation in New Jersey?

In New Jersey, courts may order a couple to pursue mediation after they file for divorce. State law requires divorcing couples to attend mediation before they try to resolve disputes through litigation, such as property division, spousal support, custody, and child support.

The couple may select a mediator from a court-approved list of options. If they do, they receive two hours of mediation services at no expense, which includes one hour of mediation preparation and an hour-long mediation session. Couples who want to attend additional mediation sessions must pay the cost, although the court offers fee waivers for low-income couples.

If the couple comes to a resolution, the divorce mediator will then draft an agreement for court approval. Once it is approved, it becomes legally binding. However, couples do not have to settle at the end of court-ordered mediation. If a couple cannot agree on their remaining outstanding issues, their divorce case will stay on track for further litigation.

Courts may choose not to order mediation for couples with a history of domestic violence. If either spouse has an active domestic violence restraining order, the court cannot order mediation. A mediator can also request that the court release a couple from further obligation to attend mediation if they think continuing is inappropriate. Spouses may request to be released from court-ordered mediation for good reason, as well.

What is Private Divorce Mediation?

Couples may attend private divorce mediation in New Jersey before or after filing for divorce. Private mediation offers considerably more flexibility for couples than court-ordered mediation, as couples can choose any mediator they wish and tailor the mediation’s scope to specific unresolved divorce issues. Spouses may choose to interview prospective private mediators together or separately before making a decision. Many couples agree to attend private mediation before filing for divorce to try to reach a comprehensive settlement agreement that can greatly simplify court proceedings.

Key Differences Between Court-Ordered and Private Mediation

Some of the significant differences between private mediation vs. court-ordered mediation in NJ are:

  • Mandatory nature – Couples can decide whether to pursue private mediation at any point in the divorce process. However, couples must attend court-ordered mediation if they filed for divorce before settling all outstanding issues in their case, with some exceptions.
  • Cost – The court will cover some initial costs of court-mandated mediation, with couples usually responsible for ongoing sessions. On the other hand, couples bear the entire cost of private mediation.
  • Mediator selection – In court-ordered mediation, couples must select from a list of court-approved mediators for the state to cover some of the cost. But in private mediation, couples may choose any mediator.
  • Scope – Mandatory mediation requires couples to try to mediate all outstanding issues in their divorce, whereas couples can choose a more limited scope for private mediation.

Factors to Consider When Choosing a Mediation Type

When deciding whether to pursue private divorce mediation or wait to file for divorce and attend court-ordered mediation, consider these factors:

  • Affordability – Private mediation will likely cost more than court-ordered mediation, as the court may cover some of the initial costs of mediation.
  • Flexibility – A private mediation allows you and your spouse to select whomever you want to serve as mediator and narrow the mediation’s scope. You also have the freedom to decline to attend a private mediation, while spouses must participate in court-ordered mediation in good faith.
  • Scope of your dispute – The number of outstanding issues you and your spouse have to resolve and their complexity may weigh in favor of private or court-ordered mediation.
  • Level of cooperation – Your and your spouse’s willingness to negotiate in good faith and try to reach a settlement may weigh on your decision to pursue mediation.

How a Divorce Lawyer Can Guide You Through Mediation

An experienced New Jersey divorce mediation lawyer can guide you through your mediation options and ensure you make informed decisions by:

  • Sitting down with you to discuss your concerns, needs, and goals to develop a legal strategy for your divorce case
  • Working with you to help you negotiate a resolution to outstanding issues with your former spouse
  • Helping you understand the pros and cons of court-ordered and private mediation
  • Advising you on mediator choice for a private mediation
  • Preparing you for what to expect in court-ordered mediation if you file for divorce before settling all outstanding financial and child custody issues with your spouse
  • Representing you in all court-ordered or private mediation sessions
  • Protecting your rights and interests as you work towards a fair and favorable resolution in a mediation

Contact a Divorce Lawyer for Help

Whether you are considering mediation in your divorce case or the court has ordered you and your spouse to attend mediation, an experienced New Jersey divorce attorney can help you protect your rights and advocate for your needs. At Joseph J. Russell Divorce & Family Law Attorney, we have over a century of experience helping clients like you. One of those happy clients had this to say about their experience working with us:

“Joe continually had a firm grasp on the pulse of my case. His insight as to how to proceed with each step was spot on, and proved to be invaluable to me and the settlement of my significantly complicated divorce case. Joe is honest, trustworthy, and demonstrated several times throughout my case his desire to NOT take a course that would have increased his fees-but rather the best course-even if it meant it would minimize legal costs. I would highly recommend his services to my family and friends.” – Gary M.

Ready for your confidential consultation about New Jersey divorce mediation? Contact us at (732) 726-6236 or fill out our online form today to get started.