The New Jersey courts have a more formal term for financial mediation. The process is actually known as the Program for Mediation of Economic Aspects of Family Law Cases. It isn’t just regulated to the more populous counties of Morris, Essex and Hudson. It is a statewide program. As we continue our series on settling divorce actions, we’ll explain how financial mediation works.
Those with children may have already been exposed to mediation via the court’s Custody and Parenting Time mediation program . If you read our article on the subject, you can learn some valuable information not found on the court’s website about this program. Both mediation programs are advantageous. Financial mediation affords you the opportunity to negotiate equitable distribution , child support and alimony. For many, this means saving time and money. It is widely held that is less expensive to settle a divorce case, rather than litigate it before a judge.
Questions You May Have about Financial Mediation
You may have concerns about how financial mediation or the Program for Mediation of Economic Aspects of Family Law Cases works. We’ll provide you with answers to commonly asked questions below.
Who are the mediators?
All mediators are required to complete a forty-hour training program. The New Jersey court rules contain information concerning the necessary credentials to become a family law mediator. It is generally required that family court mediators possess at least advanced certification or a graduate degree in a behavioral or social science. Attorneys are eligible to be mediators in the family court system. The court may waive educational requirements for those who have relevant experience.
Is anyone exempt from the mediation process?
Parties who have a Final Restraining Order against each other for domestic violence may not participate in the mediation process.
When does the mediation occur?
Your attorney may request mediation for your case at any time during the divorce process. The court may also order mediation for the economic aspects of your case. If your case did not settle at the hearing before the Matrimonial Early Settlement Panel (MESP), you will be referred for financial mediation. Take a look at our last blog for more information on the MESP.
What is the purpose of the mediation?
The mediator is not there to make decisions about how you will settle the financial aspects of your case. He or she is a neutral party, whose role is to help the parties look at the information and negotiate their own economic outcome.
Obviously, marriage itself is a substantial emotional investment. An experienced family lawyer can assist you in making choices that work for you. Your attorney and your spouse’s lawyer may meet with the mediator ahead of time to provide information regarding your case. An open mind is an important part of the mediation process.
During the mediation, you may be provided with information regarding how the court may look at the financial aspects of your case. For example, your attorney may speak to you about the child support guidelines and how they apply to your divorce. Listen carefully and be prepared to do what is best for you and your family.
What happens at the end of mediation?
If the parties come to an agreement regarding the economic aspects of the divorce, the mediator will write up a Memo of Understanding committing the settlement to paper. Otherwise, the case may be referred back to the judge for consideration. You then forego your ability to contribute to the final outcome, as it will be up to the court to review the facts and make a determination.
Have Questions about Divorce Mediation?
At the Law Offices of Sam Stoia, we encourage our clients to be active participants in settlement of their divorce cases. Have questions? We do not charge for our initial consultation. Contact us if you need legal advice concerning any family law matter.