Mediation and Arbitration
In mediation, a form of alternative dispute resolution(ADR), a neutral third party (the mediator) facilitates the parties’ negotiation to help reach a settlement, avoiding litigation in court. However, the mediator cannot give the parties legal advice, advocate on either party’s behalf, or draft the final settlement documents. New Jersey provides Complementary Dispute Resolution, which constitutes an important component of resolving divorce matters to avoid a costly trial. Once a matter is referred to mediation, the parties and/or their attorneys may select a mediator from a list of qualified mediators in their area. The mediator will set a date and time of the mediation sessions to take place. Counsel are typically involved in at least the first mediation session, if not all sessions along with their client. Mediation can take anywhere from 2 to 5 sessions before the parties are able to finalize their issues.