Mediation
 

What is Mediation?

Mediation is a voluntary and confidential process which permits the parties to negotiate their own divorce issues with the assistance of a third-party neutral.  The parties select and work with a trained professional mediator who outlines the issues and helps you and your spouse to reach an agreement on custody, parenting and financial issues.  Meetings are scheduled at your convenience in the privacy of the mediator’s office.    

The mediator can suggest creative solutions designed specifically to meet your needs and the needs of your family.  The cost of mediation is lower than litigation because no court time is involved.  Each party is encouraged to consult with their separate attorney as the mediator does not provide legal advice. 

At the end of the process, the mediator will draft a Memorandum of Understanding (MOU).  This document will list all of the items on which the parties have agreed and will explain the basis for their agreement.  The parties will not sign this MOU or any agreement until their attorneys review the terms of the MOU and draft a Marital Settlement Agreement (MSA).  The MSA will become part of the Final Judgment of Divorce and will be signed and filed by the court.   The only court time that may be required is for the final divorce hearing.

The Benefits of Mediation: 

• Convenient. Meetings are scheduled between the parties and the mediator at mutually convenient times.  There is no waiting for the court to set a schedule and there is no pressure to comply with court deadlines. 

• Choice.  The parties can select a mediator of their own choosing who is trained specifically to mediate family law cases.  They can mutually decide on their settlement terms instead of allowing a judge to make that decision for them.

• Voluntary. Participation in mediation is strictly voluntary and may be terminated at any time by either party.  The agreements reached in mediation are those on which the parties agree.  They have as much time as they need to consider the issues since their agreement is not binding until it has been reviewed by each individual’s attorney and signed by both parties.

• Confidential. Mediation discussions cannot be used in court if the mediation process breaks down.  The mediator cannot be compelled to testify at a deposition or in court.  What happens in mediation, stays in mediation. 

• Creative. The resolution of each issue is determined by the parties with the assistance of the mediator.  Solutions are tailored to fit your needs and you are not limited by what a court might do.

• Client-Centered . The focus of mediation is on finding the best outcome for you and your family.  The schedule and length of meetings is determined by the parties with the assistance of the mediator. The focus of mediator is on what is best for the parties, not what is most expedient for the court. 

•  Cost Effective.  You pay only for the time the mediator works on your case.  No costs are incurred for having your attorney wait in the courthouse for a judge to hear your case.  There are no costly depositions, conferences or hearings.  The cost of the mediator is shared with your spouse and the total cost of the mediator and the two attorneys is far less than the cost of paying attorneys to litigate. 

Risa A. Kleiner is a trained professional mediator who has been accredited by the New Jersey Association of Professional Mediators and approved pursuant to Court Rule 1:40 as a qualfied economic mediator for the New Jersey Family courts.  Risa has been mediating divorce and family matters since 1997.  She is currently on the court roster for economic mediators in Mercer, Middlesex, Monmouth, Somerset and Union Counties.  She can also be retained privately to mediate any family-related dispute.