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Is Divorce Mediation in New Jersey right for you and your spouse?
Divorce Mediation in New Jersey is a voluntary process of self-determination, meaning you and your spouse create your own Agreement with the aid of a Mediator who acts as a facilitator. Your Mediator can give you legal information, but not advice. A mediator will assist you to address the appropriate issues but will not declare the Agreement ‘fair” to either Party.
With typical Divorce Mediation in New Jersey You go to a Courtroom to Finalize Your Agreement, not battle one another.
Generally (but not always) each Party retains his or her own local attorney, to review the final mediation agreement. This document will form the basis of a Property Settlement Agreement that is prepared by one of the Parties attorneys or can be appended to a final judgment without more if the parties elect to proceed themselves.
The entire process is typically much less expensive and proceeds out of Court until the end. You will appear in Court to finalize the matter but most or all of the issues will be resolved prior to a quick Court appearance.
This process works for couples who are amicable, have a degree of trust in the other, prefer to keep their affairs private and wish to save money. It prevents the Court from “dictating” terms to you or your spouse and you control your own affairs.
Mr. Penberthy has completed the mediation training pursuant to R 1.40 and been involved in mediations.
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