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New Jersey Mediation Lawyers

In New Jersey, when a married couple decides to get a divorce, they have the option of going through divorce mediation to try to come to an agreement without having to go to court. Some of the issues that can be settled through mediation include the division of property, the splitting of assets, child support, alimony, child visitation and custody.

Mediation is an informal, voluntary process in which a neutral third party assists each party in reaching a resolution which is acceptable to all parties, allowing them to settle the issues in a calm manner. Usually, the mediator has significant training in divorce mediation and is a member of a professional mediation organization. The mediator does not hand down a decision the way a judge does, but instead helps the disputing parties resolve conflicts by exploring all of the options and managing the negotiation process.

This is quite different from litigation where both sides hire attorneys and move forward in court with the contentiousness that often accompanies such a legal proceeding to secure a divorce.

Pros Of Divorce Mediation In New Jersey 


There are many advantages that a couple will find when they choose to go through divorce mediation to settle their differences as opposed to going to court. When a couple decides to take their dispute before a judge, they are going to have to spend a significant amount of money on legal fees with both sides hiring attorneys. The price of using one of our NJ Mediation Lawyers will be substantially lower than what it would eventually cost both sides to pay two attorneys in a contested divorce.

The amount of time it will take to mediate a divorce settlement is markedly less than the amount of time it will take to find attorneys, go through the court process and wait as the couple's assets are sifted through, decisions are made as to which parent would be preferable to have custody of children, and waiting for the conclusions to be made by a judge. With mediation, there is motivation on the part of both parties to get all of the issues settled, therefore it is more likely that the parties will be agreeable in trying to come to a divorce settlement without having to go to court. Mediation is a non-adversarial way to finalize your divorce.

A couple that is trying to settle their divorce through mediation will remain in control of the outcome. Whereas a divorce that is litigated in court would be subject to the decisions of the judge and would have an adversarial atmosphere with the opposition, a mediation is an attempt to be reasonable and divide the assets of the marriage equitably. In addition, the mediation agreement must be signed by both parties. If the terms are not satisfactory to either side, they can continue negotiating or decide to go forward with taking the case to court at a later date.

The decision to go to court is an important part of the mediation process. If the sides try to agree on a settlement but cannot do so, there is the option of taking the case to court. This can also be used as motivation for both sides to be more flexible in the negotiations during mediation because if they chose to go to mediation in the first place, it is unlikely that they want to have to take the matter to court. If they are serious about mediation, it is unlikely that there will be litigated court-related proceedings.

Cons Of Divorce Mediation In Ocean County

Divorce mediation is only effective if both sides are truly interested in coming to an agreement to end the marriage and avoid going to court. If one or both sides begin the mediation process and are unwilling to come to reasonable concessions on issues in the marriage, then the mediation may not be successful. The cost of mediation is not refundable if it fails, so a couple that takes the time to go into mediation should be motivated to finalize the divorce without it having to go to court. Mediation is a bad idea if both sides are not invested in coming to a settlement.

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Not all mediators are competent. As human beings, mediators might be affected by the circumstances of the case. They are supposed to be unbiased and neutral. An inexperienced mediator might not know all aspects of divorce law and could possibly fail to complete the agreement correctly or make other mistakes. A good record and reputation in mediation is important when selecting a mediator to negotiate a divorce. If you happen to encounter a subpar mediator, it could be very costly and destructive toward solving the disputed issues.

Contact Our Qualified NJ Mediation Lawyers

Divorce mediation can be an economical alternative for people who are divorcing but do not want to go through the difficult and costly endeavor in court. It is imperative to understand the process of mediation and its pros and cons before deciding to take the mediation route. If you or a loved one are considering divorce mediation in Ocean County, Monmouth County or anywhere else in New Jersey, it is wise to speak to one of our qualified NJ Mediation Lawyers at the Law Firm of Villani & DeLuca, P.C. in Point Pleasant Beach, New Jersey.  Managing Partner Vincent C. De Luca has over 23 years of experience in divorce mediation.  Mr. DeLuca has successfully mediated hundreds of divorce cases.  The Ocean County Divorce Mediation Lawyers at Villani & DeLuca, P.C. have all resided in the shore area and are intimately  familiar with the divorce process in Brick Township.  A divorce proceeding does not have to be a war of the roses.  Divorce Mediation is a preferred method of resolving your marital differences. Should you have any questions relative to the divorce mediation process in either Brick Township or Ocean County please fee free to contact Villani & DeLuca, P.C. today. 

Whether you are from Toms River, Brick, Wall Township or any other town in New Jersey, Villani & DeLuca's New Jersey Mediation Lawyers can help you with mediation for a divorce. Call 732-751-4991 today to discuss your case.

Vincent DeLuca, Esq.

As a founding partner at Villani & DeLuca, Vincent DeLuca is one of only a few Certified Matrimonial Law Attorney in Ocean County, New Jersey. Mr. DeLuca has helped many clients navigate the delicate details of their own divorce. Mr. DeLuca is also a trained divorce mediator and collaborative divorce attorney. Call today at (732) 751-4991 to speak to Mr. DeLuca or one of our experienced NJ Divorce Lawyers.