What is Mediation?
January 20, 2024
Contributor: Margarita Romanova
Contributor: Margarita Romanova
I am glad you are thinking about pursuing mediation. It is the best chance you have at staying in control of the outcome of your potential dispute… and of conserving your financial resources.
What is mediation? In most simple terms, mediation is a voluntary, confidential process used to resolve a legal dispute outside of the Court system using an impartial third-party who is trained in conflict resolution. Mediators help parties resolve various disagreements related to divorce or separation, including, but not limited to, custody, parenting time, spousal support and child support issues, distribution of assets and liabilities, modifications of prior agreements or Court Orders.
Mediation is optimal in cases where both parties seek and wish to compromise in order to resolve their issue. This is why not every matter can be successfully mediated. The dynamics formed by the legal issues implicated, the particular facts of your case, and the personalities involved may render your particular dispute not suitable for mediation.
There are two types of mediations: private (at the request of both parties) and Court-ordered. As a Court-qualified family law mediator, I act as the mediator in both private and Court-ordered mediations. If I am not acting as mediator, I also guide and support clients through the mediation process, helping them prepare by strategizing through the issues, compiling the necessary/relevant documentation and, if the client wishes, attending the mediation sessions with the client.
This sounds straightforward, but there is a lot to unpack. Different mediators have different approaches, so I will share with you how I do it.
For private mediation, clients typically wish to avoid the Court system and retain me to mediate and help them resolve their dispute outside of Court. Upon retention, I schedule our initial session, which both of you will attend. I also request that you provide me with certain documentation and information in advance of the session. Having information in advance allows me to thoroughly prepare for the initial session so that we can dive right into the issues. Which issues we choose to address first would depend on the particular circumstances of your matter, but you can be assured that we will address them all.
During the mediation, I will very likely separate you and the other party so that you both feel comfortable sharing your concerns, questions, and goals, which is called “caucusing.” Caucusing is not intended for me to “play telephone” by relaying offers/thoughts from one to the other. Caucusing is intended to provide me with a unique vantage point from which I can facilitate resolution.
Clients have a choice to participate in mediation with their attorney. This is not mandatory. Keep in mind that, as a mediator, I am ethically precluded from providing either of you with legal advice. While I can share with you the status of New Jersey law on any particular issue in dispute and what, based on my experience with the Judiciary and knowledge of the law, a likely outcome of your dispute may be, I cannot provide either of you with legal advice or opine whether you are “getting a good deal.” As a mediator, my obligation is to use my best efforts to assist the two of you to reach a resolution, not act as legal counsel to either of you. For this purpose, you may and should retain an attorney to assist you.
If you and your partner are not certain whether mediation is right for you, feel free to schedule a 30-minute complimentary consultation so I can explain the process to you in more detail than I can here and answer any questions you may have. This session is complementary because it is intended to assist you in determining whether the mediation process is right for you, whether you wish to pursue it at this time, and whether you feel comfortable retaining me to assist. It is not meant for me to provide you with legal advice or for us to discuss details about your particular matter.
Schedule a complimentary 30-minute session here.
If you are looking for an attorney to assist you in mediation rather than act as your mediator, please click here.
To schedule a consultation to discuss you matter, please use the "Schedule a Consultation" button below.
What is mediation? In most simple terms, mediation is a voluntary, confidential process used to resolve a legal dispute outside of the Court system using an impartial third-party who is trained in conflict resolution. Mediators help parties resolve various disagreements related to divorce or separation, including, but not limited to, custody, parenting time, spousal support and child support issues, distribution of assets and liabilities, modifications of prior agreements or Court Orders.
Mediation is optimal in cases where both parties seek and wish to compromise in order to resolve their issue. This is why not every matter can be successfully mediated. The dynamics formed by the legal issues implicated, the particular facts of your case, and the personalities involved may render your particular dispute not suitable for mediation.
There are two types of mediations: private (at the request of both parties) and Court-ordered. As a Court-qualified family law mediator, I act as the mediator in both private and Court-ordered mediations. If I am not acting as mediator, I also guide and support clients through the mediation process, helping them prepare by strategizing through the issues, compiling the necessary/relevant documentation and, if the client wishes, attending the mediation sessions with the client.
This sounds straightforward, but there is a lot to unpack. Different mediators have different approaches, so I will share with you how I do it.
For private mediation, clients typically wish to avoid the Court system and retain me to mediate and help them resolve their dispute outside of Court. Upon retention, I schedule our initial session, which both of you will attend. I also request that you provide me with certain documentation and information in advance of the session. Having information in advance allows me to thoroughly prepare for the initial session so that we can dive right into the issues. Which issues we choose to address first would depend on the particular circumstances of your matter, but you can be assured that we will address them all.
During the mediation, I will very likely separate you and the other party so that you both feel comfortable sharing your concerns, questions, and goals, which is called “caucusing.” Caucusing is not intended for me to “play telephone” by relaying offers/thoughts from one to the other. Caucusing is intended to provide me with a unique vantage point from which I can facilitate resolution.
Clients have a choice to participate in mediation with their attorney. This is not mandatory. Keep in mind that, as a mediator, I am ethically precluded from providing either of you with legal advice. While I can share with you the status of New Jersey law on any particular issue in dispute and what, based on my experience with the Judiciary and knowledge of the law, a likely outcome of your dispute may be, I cannot provide either of you with legal advice or opine whether you are “getting a good deal.” As a mediator, my obligation is to use my best efforts to assist the two of you to reach a resolution, not act as legal counsel to either of you. For this purpose, you may and should retain an attorney to assist you.
If you and your partner are not certain whether mediation is right for you, feel free to schedule a 30-minute complimentary consultation so I can explain the process to you in more detail than I can here and answer any questions you may have. This session is complementary because it is intended to assist you in determining whether the mediation process is right for you, whether you wish to pursue it at this time, and whether you feel comfortable retaining me to assist. It is not meant for me to provide you with legal advice or for us to discuss details about your particular matter.
Schedule a complimentary 30-minute session here.
If you are looking for an attorney to assist you in mediation rather than act as your mediator, please click here.
To schedule a consultation to discuss you matter, please use the "Schedule a Consultation" button below.
