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FREQUENTLY ASKED QUESTIONS ABOUT DIVORCE MEDIATION
1.
What is mediation?
It is a voluntary
process, under which you work through and resolve
your issues. The parties make their own decisions
and are assisted by the neutral mediator, whose role
is to facilitate.
2.
Who is the mediator?
The mediator should
be accredited through formal mediation training and
have substantial mediation experience. The mediator
must be able to help with legal, financial, tax and
emotional issues.
3.
Why mediation as opposed to litigation?
There are many
reasons people choose to mediate. Among them:
mediation is non-adversarial, it is private, it is
faster, it is cheaper, and it lets you control the
issues, rather than having them dictated to you by a
third party.
4.
What is the difference between mediation and
arbitration?
Arbitration
involves taking testimony, cross-examination of
witnesses, presentation of other evidence, and a
decision usually not appealable. By contrast,
mediation is consensual. Either party may terminate
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?
A written mediation
agreement is signed up front, requiring
confidentiality. It also addresses issues such as
disclosure of information, voluntariness and the
cost of mediation. The mediation typically ends with
the mediator preparing a written Memorandum of
Understanding. It is not signed, it is not a
contract and it is not admissible in court.
6.
Where and when does the mediation take place?
Mediation sessions
are flexible and scheduled to accommodate your
needs. They usually 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 2009,
experienced mediators have hourly rates generally
ranging from a low of ±$300 to a high of ±$650. The
experience, training, reputation and background of
the mediator you choose are all factors to be
considered.
8. What a mediator is NOT:
The mediator is not a Judge. The mediator is not an
advocate for either party. The mediator does not
make decisions. Instead, the mediator helps the
parties decide all issues based on mutual consent.
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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