What Is Court-Ordered Mediation?

Family law can involve difficult conversations and difficult-to-resolve conflicts. It touches on parts of life that people hold close to their hearts. 

The strong emotions involved in resolving matters like divorce, child custody, or alimony are understandable—and so is the fact that these emotions make considering solutions like mediation difficult. 

However, addressing legal issues through litigation isn’t necessarily the most efficient or amicable solution. This is a reality that courts recognize, which is why New Jersey mandates mediation in all divorce cases. 

Court-ordered mediation vs. voluntary mediation?

In traditional litigation, opposing parties deliver their arguments to a judge or jury who makes a final decision on the conflict. 

Mediation, on the other hand, is a collaborative process where a neutral third party (the mediator) facilitates communication between both sides to reach a settlement. The goal of mediation is to save the cost, time, and emotional toll of a trial. 

Mediation can be something parties enter into voluntarily as a means to settle their legal issues. No party is obliged to participate; if one party wants to back out of mediation, there’s no legal obligation for them to continue. 

In the state of New Jersey, court-ordered mediation is already built into legal processes. 

Child custody and parenting time

After a Complaint for Divorce has been filed in New Jersey, a court-appointed mediation session is scheduled for the divorcing couple to reach a mutual agreement on child custody and parenting time, as long as the case doesn’t involve domestic violence issues or emergency orders. 

The initial session of child custody mediation is free and through the court with parties only – attorneys are not included.

The mediator helps the couple negotiate a parenting plan, aiming to keep interactions amicable. If an agreement is reached, the mediator creates an outline of the terms, which can be formalized into a Consent Order, which is fully enforceable once signed and filed by all parties, attorneys, and the judge.

Economic issues

The second opportunity for court-mandated mediation occurs if financial issues aren’t resolved following an Early Settlement Panel. 

During this process, an economic mediator works with parties to resolve outstanding financial and economic issues. Attorneys often participate in economic mediation, especially for complex financial issues. 

If an agreement is reached, the mediator sends an outline of the terms to the attorneys in a document called the “Memorandum of Understanding.” Like in child custody and parenting time issues, this document becomes formalized into a Consent Order and is fully enforceable once signed by all parties. 

What to expect in court-ordered mediation?

If you weren’t expecting to have mediation as part of your legal matter, you may feel uncertain as to what comes next. Understanding what to expect from court-ordered mediation can give you a clearer sense of how to prepare. Specifics of court-ordered mediation can vary but typically follow these steps:

1. Referral and selection: The parties are allowed to agree on a mediator or the court can appoint one.
2. Preparation: Parties prepare by gathering and reviewing relevant documents and identifying their desired outcomes.
3. Joint session: Each party is allowed to share their perspective on the matter and communicate their needs and concerns. From there, the mediator facilitates a discussion to identify any common ground and lay out potential solutions.
4. Individual sessions: The mediator may choose to hold private sessions with each party to better understand their individual interests and concerns in a safe, private space.
5. Settlement negotiations: The mediator guides both parties to explore potential, satisfactory resolutions, taking each side’s needs and concerns into account.
6. Agreement or impasse: If an agreement is reached, the mediator helps draft a formal settlement agreement outlining the terms of the resolution. Legal counsel reviews the agreement and submits it to the court for approval. Once approved, the settlement becomes binding. 

While mediation can be an effective way to address difficult issues in family law cases, it’s not a guarantee of an agreed-upon settlement. If parties are unable to find common ground, the case can proceed to trial.

Why use mediation for dispute resolution? 

While it can be uncomfortable to have mediation ordered by the court, there are actually several advantages to this option over litigation:

• It saves time: Mediation can often resolve disputes in days or weeks, compared to the months or even years a trial might take.
  
• It’s cost effective: Mediation is significantly less expensive than a full-blown court case. 
• It’s confidential: Mediation sessions are confidential, unlike court proceedings. This means the parties can discuss sensitive information openly without public disclosure.
• It allows parties to personalize their settlement: Unlike a judge’s decision, a mediated settlement allows for a mutually agreed-upon solution where both parties contribute to the terms.
• It can preserve relationships: Mediation helps maintain relationships between parties, which can be especially important in family law cases or business partnerships.

Frequently asked questions about court-ordered mediation

Is court-ordered mediation mandatory and binding?

The outcome of mediation itself isn’t binding, regardless of whether it’s court-ordered or voluntary. Mediation is merely a facilitated discussion to explore potential solutions. 

However, if an agreement is reached, the mediator will help draft formal settlement documents. These are reviewed by legal counsel, and once approved by the court, the settlement then becomes binding.

What if mediation doesn’t work? 

Despite the benefits, court-ordered mediation may not lead to a settlement. While court-ordered mediation is mandated, neither party is obligated to agree to anything suggested or proposed during the process. Once the parties have participated in the required amount of mediation, they may choose to move forward with litigation if they feel it’s in their best interests.   

Do I need an attorney for court-ordered mediation? 

Regardless of whether mediation is voluntary or court-ordered, an experienced family law attorney plays an important role in helping you navigate divorce and other family law matters. While a mediator is a skilled professional, their role isn’t to provide you with legal advice. 

That is, on the other hand, precisely the job of an attorney. They can help you understand your options, come up with a strategy for negotiation, and more. 

Consult with an experienced family law attorney

If you find yourself facing court-ordered mediation, especially in a sensitive family law case, it’s best to consult an attorney. 

Our family law attorneys at Dughi, Hewit & Domalewski are trained, court-approved mediators who can guide you through the mediation process with a clear strategy and a focus on fair and lasting resolution. Contact us for a consultation today.