Judicial vacancies are still causing extensive delays in New Jersey civil cases, which can make it seem like a terrible time to file for divorce – especially if you were hoping for speedy resolution.
The good news is that alternative dispute resolutions may help expedite the process, while also reducing costs, bolstering amity, and giving both parties greater control.
It’s true that per the latest numbers, 4k+ New Jersey divorce cases are caught up in the current backlog. While we wait on state lawmakers to take action, our Monmouth County divorce attorneys know many estranged spouses are turning to mediation for dissolution.
Mediation: Divorce Without Drama
Mediation works very well in a significant percentage of divorce cases.
Barring unique circumstances such as domestic violence or high conflict, divorce mediation in New Jersey typically empowers both sides to come to the table and reach solutions that make the most sense for their situation. Rather than handing all the decision-making authority over to a judge, both parties get more of a say in the outcome. Mediation also tends to be far less expensive and time-consuming than litigation, while still allowing you to avoid the pitfalls of a complete “DIY divorce,” where there’s no insight from a qualified divorce attorney.
Mediation can also be used to resolve more than just divorce cases. It’s commonly utilized in family cases involving adoptions, grandparent visitation requests, child support/child custody, and separation agreements.
Mediation tends to cost less than litigation. This is mainly because it takes less time from attorneys. That said, both parties do need to cover the cost of a mediator, which can get pricey since the mediator is paid on an hourly basis. Alternatively, judges are paid by taxpayer dollars. There have been formal requests for the state to cover the cost of mediators, given that the judicial vacancies are the result of the legislature’s lagging action. It’s not clear how the state will respond, but we wouldn’t hold our breath. Even so, there are many reasons why mediation is a more attractive option for many couples – backlog notwithstanding.
Although it is not required, it’s often a good idea for both parties to hire their own divorce attorney as they navigate the process. Mediators are often highly-qualified lawyers themselves (sometimes even judges). But they can’t ethically represent the interests of either party.
Their role is to:
- Promote communication
- Encourage cooperation
- Provide choices for resolving stubborn sticking points
Both parties will get the chance to discuss their concerns and goals. They’re each heard. The mediator helps formulate creative, effective solutions that work for their unique situation.
However, the mediator isn’t there to provide legal advice. They are not going to tell either of you that you’re “right” or advocate for one side or the other. This is why it’s a good idea for each to hire their own lawyer. Even if the attorney is not involved at every phase of the process, having a lawyer review the agreement before you sign off is a smart way to protect your best interests.
What If Domestic Violence is a Factor?
When domestic violence is a factor, it can make mediation challenging. This is largely because mediation is a collaborative process, and the threat of violence can skew the power balance of these discussions. A controlling person can use mediation to improperly gain the upper hand. It can also pose safety risks – potentially to all parties involved.
But all hope isn’t lost: A pilot program aimed at facilitating economic mediation in divorces involving a permanent domestic violence restraining order has resumed. The Domestic Violence Economic Mediation program had been tabled during the pandemic. It has since resumed in Middlesex, Somerset, Morris, Essex, Mercer, and Ocean counties.
This process contains provisions that set forth clear boundaries and protections for victims while also helping both parties work through key issues themselves. Mediators get specialized training in how to handle these cases, which are done either virtually or in a secure location within the courthouse. Neither party has direct contact with each other; it’s all done through the mediator.
This option is available solely for financial issues. Child custody, child support, and other matters still need to go through the Family Court. But this can go a long way toward settling matters that can otherwise cause major case delays – accelerating closure and allowing victims to move on with their lives faster.
Call our New Jersey mediation attorneys at (732) 810-0034 or use our online form to request your free & confidential consultation!