New Jersey Mediation Agreement
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How to fill out Mediation Agreement?
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FAQ
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.
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.
A mediation agreement becomes binding once both parties sign it. Therefore, you should thoroughly review mediation agreements before signing them, as the contract becomes legally enforceable once you sign the document. In some circumstances, a mediation agreement will be found unenforceable.
Q. How much does mediation cost? Under Court Rule -4(b), any mediator who is on the roster will provide the first two hours on a case, including an initial one hour session, without charge before a party may opt out of mediation.
Divorce mediation is billed on an hourly basis at a rate of $230 per hour. Typically, sessions last approximately 90 minutes, and most divorces can be resolved with 3-6 sessions, though depending on how cooperative the parties are or how complicated the issues involved, some divorces may require additional sessions.
The role of the mediator is to assist the parties in reaching a resolution of their dispute. The parties may confer with the mediator on an ex parte basis. Anything said to the mediator will be deemed to be confidential and will not be revealed to another party or to others without the party's consent.
Mediation sessions are usually held in person at a site agreed to by the parties. Typically, the mediator will meet privately with each party to more fully explore the facts and issues of each side. The process continues either across the table (face-to-face) or in a caucus environment.
This statute sets guidelines for privilege and confidentiality of information exchanged during mediation. It also addresses prohibited mediator reports and mediator conflicts of interest.