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FREQUENTLY ASKED QUESTIONS ABOUT DIVORCE MEDIATION
1. What is divorce mediation?
It is a voluntary process, under which a couple works through and resolves the issues connected with their divorce.
2. Who is the mediator?
Ideally, the mediator is accredited through formal mediation training, and has substantial mediation experience. The mediator must be able to deal with legal, financial, tax and
emotional issues.
3. Why mediation as opposed to litigation?
There are many reasons couples choose to mediate. Among them: mediation is non-adversarial, it is private, it is faster, it is cheaper, and it permits you to control resolution of the
issues, rather than having them resolved by a third party.
4. What is the difference between mediation and arbitration?
An arbitration involves taking testimony, cross-examination of witnesses, presentation of other evidence, and a decision usually not appealable. By contrast, mediation is
consensual and either party may terminate a mediation at any time, for any reason, or for no reason. Because mediation is cooperative, there are no surprises, appeals or disappointments.
5. What are “The Rules” in mediation?
Each mediator proceeds in different ways, but you can generally expect that a written mediation agreement will be signed up front, requiring confidentiality. It should also address
issues such as the disclosure of information, voluntariness and allocation of the costs of mediation. Ultimately, the mediation ends with the mediator preparing a written Memorandum of Understanding.
6. Where and when does the mediation take place?
Mediation sessions are flexible and scheduled to accommodate your needs. They take place at the mediator’s office at mutually convenient times during regular business hours.
7. What does mediation cost?
Mediators usually
charge by the hour. In Northern New Jersey in 2007,
experienced mediators have hourly rates generally
ranging from a low of + $ 250 to a high of
+ $ 600. The experience, training, reputation
and background of the mediator are all factors.
If you have other
questions, give a copy of this memo to your spouse,
and call our office to schedule your first joint
mediation session.
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