New Jersey Motion to Refer Case to Mediation

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Multi-State
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US-02642BG
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Description

Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.


Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Some states require mediation in custody and visitation disputes. Other states allow courts to order mediation and a few states have started using mediation to resolve financial issues as well.

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FAQ

The cost of mediation varies from $100 to as much as $250 a session.

It is a neutral, non-binding process that can take last as little as an hour and up to many days. Many matters can be resolved during mediation, perhaps the most common of which are divorce-related issues, so it is important to understand this option if you are considering a divorce in New Jersey.

Parties desiring their case to be referred to mediation should contact the Civil Division Manager in the county in which the case is pending.

The civil mediation program is governed in particular by Rules -4 and -6. Thus, in all counties, the court can require the parties to participate in at least two hours of mediation, at no charge, in any type of Civil, General Equity or Probate case.

Unless the participants in a mediation agree otherwise or to the extent disclosure is permitted by this rule, no party, mediator, or other participant in a mediation may disclose any mediation communication to anyone who was not a participant in the mediation.

You should follow these tips about what to avoid saying and doing to improve your chances of a successful mediation. Don't Be Disrespectful. ... Mediation is Not About Placing Blame. ... Don't Demand More Money. ... Don't Introduce Brand New Information. ... Don't Say, ?That's Confidential Information? ... Don't Make Ultimatums.

Often court systems, in an effort to eliminate some trials, impose mandatory mediation as part of the litigation process. The decision to accept the outcome of the mediation and settle the matter remains voluntary. If the attempt at mediation fails to resolve the dispute, the parties continue to litigate the matter.

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New Jersey Motion to Refer Case to Mediation