Question 1

How does Montclair Divorce Mediation work?

Accepted Answer

Instead of fighting with each other about every issue in a New Jersey divorce through the court system, which is time consuming and very costly, the couple instead meets with a trained accredited divorce mediator and over the course of several sessions the divorce mediator working closely with the divorcing couple identifies their concerns and pinpoints those important issues affecting their family. The New Jersey divorce mediator is there as a neutral person who guides the couple through the mediation process and assists the couple in communicating their points of view concerning their assets, liabilities, future support and co-parenting issues. The experienced divorce mediator also provides the couple with multiple options for resolving those issues. The divorce mediator will enable discussions in a non-threatening, non-judgmental environment in order to achieve the divorcing couples' goals and arrive at a divorce settlement agreement that both parties feel is reasonable and fair.

Question 2

How long does the divorce mediation process take?

Accepted Answer

Generally, the parties meet with the divorce mediator in sessions which last 1-2 hours in length weekly or bi-monthly. The number of divorce mediation sessions depends upon the issues affecting the parties such as the division of assets, debt allocation, co-parenting issues, as well as, the parties being prepared for the sessions. The couple will decide on the pace of mediation.

Question 3

How does divorce mediation differ from going to court?

Accepted Answer

Divorce litigation is an adversarial process whereby the parties utilize attorneys who advocate as best they can for their client, which often results in negative encounters between the opposing sides. Divorce attorneys exchange information through discovery, which is the method used in the litigated cases. The information is exchanged through interrogatories, which are a series of written questions answered by the opposing party under oath. Documents must be presented, such as three to five year's worth of credit card statements, tax returns, and bank statements, to name a few.

Question 4

What are some of the benefits of divorce mediation?

Accepted Answer

Divorce mediation through the assistance of an accredited divorce mediator at Montclair Divorce Mediation provides couples in Northern and Central New Jersey with opportunities for positive communication and mutual cooperation so they are able to seek useful solutions to their divorce issues. The couple retains control over their lives and their future by deciding what is best for them and their family without the adversarial judicial system. The New Jersey divorce mediation process is far less costly than litigating through the courts. Divorce mediation also takes significantly less time than going through the litigation process. New Jersey couples that are able to decide with the assistance of a well-trained divorce mediator as to what is a fair and reasonable settlement have far less post-divorce disagreements which require court intervention.

Question 5

Are all New Jersey Divorce Mediators the same?

Accepted Answer

Absolutely not. In addition to utilizing different approaches and styles to the divorce mediation process, the qualifications of divorce mediators are vastly different. At Montclair Divorce Mediation, mediator, Nick De Metro, is an Accredited Family Law Mediator by the New Jersey Association of Professional Mediators (NJAPM), as well as a licensed New Jersey attorney who previously handled many New Jersey contested divorces. In addition, Nick's legal experience includes real estate law, business formation and commercial law, landlord tenant law and bankruptcy law. His legal experience and mediation skills provide his clients with a top rated mediator who has practical knowledge and real solutions for today's multifaceted divorces. Nick De Metro saw how destructive the divorce process could be without mediation, and decided to dedicate his professional expertise to handling divorce mediation exclusively. Other New Jersey divorce mediators may not be attorneys at all, and few attorneys solely limit their practice to just divorce mediation. Many attorneys who say they are mediators are still very busy litigating contested divorce cases and only handle an occasional mediation case. Choose an accredited divorce mediator with the experience and commitment you need and get the results you deserve.

Question 6

Does a mediator have to be licensed in New Jersey?

Accepted Answer

It's a bit scary, but there are no licensing requirements or even regulations to being a New Jersey divorce mediator. Anyone can say they are a mediator. However, in New Jersey many mediators are professionals having a license in a particular field like mental health, such as social workers and psychotherapists, or have a license to practice law. It's very important to know what the background and experience level is of a mediator before you hire him.

Question 7

What should I look for when selecting a New Jersey divorce mediator?

Accepted Answer

You should select a divorce mediator who is experienced. He should be an accredited professional mediator by NJAPM. He should be able to explain divorce law to you. He should be mediating divorces on a regular basis. His mediation style approach should align with your needs. You should view his web site and determine if he is focused on mediation rather than litigation or something else. He should provide you with clear answers to your questions. He should offer you options for the final written document he prepares such as, a memorandum of understanding or the marital settlement agreement. Finally, you should feel comfortable talking to him.

Question 8

What is NJAPM?

Accepted Answer

The New Jersey Association of Professional Mediators is a non-profit organization dedicated to the practice of dispute resolution through mediation. NJAPM grants accreditation to those mediators that have achieved recognition in the field of mediation for excellence, which have a law degree, mental health or business advanced degree, who have undertaken extensive mediation training and handled over 100 mediated cases.

Question 9

How much does Montclair Divorce Mediation cost?

Accepted Answer

Most New Jersey divorce mediators charge on an hourly basis similar to New Jersey divorce attorneys. This could quickly add up as hourly rates for qualified accredited divorce mediators range from $300.00 to $600.00, for all time spent on your file. At Montclair Divorce Mediation we take a different approach. We believe that it's of paramount importance for divorcing couples in New Jersey to concentrate on communicating and achieving a fair and reasonable settlement without the additional concern of increasing hourly fees. As a result, Montclair Divorce Mediation offers a flat fee option for review of all documents and conducting divorce mediation sessions leading up to and including the preparation of the document which details your settlement. There are no hidden fees. We strive to offer our clients options. We discuss the fee options we provide to our clients in our initial complimentary meeting.

Question 10

Does Montclair Divorce Mediation require a retainer?

Accepted Answer

Unlike most of the other mediators and attorneys who demand $5,000.00 or $7,500.00, for divorces, we do not require a retainer. We understand the economy is tough, so depending on the fee option you select, we don't require a retainer or deposit. You may simply pay at the end of each session. We accept checks, Visa, MasterCard and Discover for your convenience.

Frequently Asked Questions About Mediation