New Jersey’s Dispute Resolution Options, Part 1: Divorce Mediation
If you find yourself in the middle of a divorce, it’s crucial to know what your options are. Thankfully, NJ attorneys will tell their clients about Complementary Dispute Resolution (CDR) programs upfront in order to keep the number of cases to a minimum. It’s helpful to explain the settlement process and differentiate between negotiation, mediation, and arbitration during this time. Here is an explanation of the first: divorce mediation.
Divorce Mediation in NJ
Many attorneys, psychologists and social professionals have picked up on the national trend of divorce mediation. For a fee, usually paid by both parties in advance, the NJ divorce mediator will gather information, obtain positions from each side and will facilitate the parties in reaching their own agreement.
From there, the mediation process begins. If the parties agree on a settlement, the mediator then drafts a memorandum of understanding. Each party is then advised to keep separate counsel to review the proposal and draft a formal agreement in light of the legal and tax ramifications.
Many clients prefer to have an attorney counsel them outside of the mediation process while the mediation process is ongoing. Thus, the client will have the benefit of the mediation process as well as the benefit of independent counsel.
Custody, Visitation and Economic issues
There is also a separate provision in the NJ Rules for the mediation of custody and visitation actions. All complaints or motions involving custody or visitation will be screened by the Court to determine whether the issues are genuine. If genuine, the matter will be referred to mediation for resolution in the child’s best interests, as stated in R 1:40-5, the NJ Rules:
All complaints or motions involving a custody or parenting time issue shall be screened to determine whether the issue is genuine and substantial, and if such a determination is made, the matter shall be referred to mediation for resolution in the child’s best interests. However, no matter shall be referred to mediation if there is in effect a preliminary or final order of domestic violence entered pursuant to the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 et seq.). In matters involving domestic violence in which no order has been entered or in cases involving child abuse or sexual abuse, the custody or parenting time issues shall be referred to mediation provided that the issues of domestic violence, child abuse or sexual abuse shall not be mediated in the custody mediation process. The mediator or either party may petition the court for removal of the case from mediation based upon a determination of good cause.
The custody mediation process will be less than six months unless extended for a good cause, in accordance with R. 5:8-6, which says, “Where the court finds that the custody of children is a genuine and substantial issue, the court shall set a hearing date no later than six months after the last responsive
pleading.”
Mediation of economic issues in divorce cases is now mandatory if cases are not resolved after the Early Settlement Panel. The first two hours are free and then the parties pay the mediator’s normal rate. No matter can be referred to mediation if a Temporary or Final Restraining Order has been entered pursuant to the Prevention of Domestic Violence Act.
In sum, NJ Divorce Mediators can help find simpler solutions when divorce gets messy. Each case is unique, and it’s important to discuss your needs with an experienced NJ family law attorney. Click here for a free consultation.