Divorce Mediation of North Jersey
Frequently Asked Questions
What Is Divorce
Mediation? - Why Mediate? - What Should I Expect During Mediation
Sessions?
Who Is the Mediator? - What Will Mediation Cost? - Do I Need My Own Attorney?
Are the Mediation Sessions
Confidential? - How Do I Know if
Mediation Is for Me?
What is Divorce Mediation?
Divorce mediation is a process in which a married couple meets
with an impartial mediator in order to reach an agreement
regarding all of their marital issues. These issues may include
child custody, parenting time, spousal support, property
distribution, and apportionment of debt. Both parties participate
in each mediation session, which normally lasts between one and
one and one-half hours.
Return to top.
Why Mediate?
The primary goal of mediation is to resolve marital issues
without the anger, hurt, and hostility that are often found in
litigated divorce scenarios. Through mediation, both parties are
assured that their point of view will be heard and considered.
Mediation is also far less costly than litigation, and
resolutions are generally reached more quickly. Research has
shown that mediated settlements last far longer and work better
that those obtained through litigation.
Return to top.
What Should I Expect During
Mediation Sessions?
The mediator will explore all issues that must be resolved in
your particular case. You will be expected to make a full
disclosure of your income, assets, expenses, and liabilities. If
child support is an issue, the mediator will discuss the New
Jersey Child Support Guidelines as they relate to your case. Your
feelings regarding the settlement of issues, as well as the
feelings of your spouse, are of paramount importance to the
mediation process. Once you and your spouse have reached an
agreement on all marital issues, the mediator will prepare a
document, called a Support and Property Settlement Agreement,
which will be a part of your divorce proceeding.
Return to top.
Who Is the Mediator?
Arnold H. Miniman will act as your mediator. He has been a member
of the New Jersey Bar since November of 1971. Mr. Miniman began
his career by clerking for the Judge who handled all divorce
proceedings for Morris, Sussex, and Warren counties prior to the
adoption of the Family Court in New Jersey. Mr. Miniman has
specialized in matters of family law for more than 28 years and
has handled literally thousands of cases on behalf of both men
and women. He was one of the initial panelists on the Morris
County Early Settlement Panel and served on the panel for more
than 15 years. Mr. Miniman has successfully completed the
Specialization Seminar in Divorce Mediation offered at Rutgers
University. He is a municipal court judge in four communities and
has left the area of litigation to specialize in divorce
mediation.
More about the mediator
Return to top.
What Will Mediation Cost?
Mediation fees are billed on an hourly basis. The fee for the
initial mediation session is $300. All services rendered by the
Mediator after the initial session are billed at $250 per hour.
At the initial session, the parties will sign an "Agreement
to Mediate" that details the fee arrangement and addresses
possible additional disbursements, in case it should become
necessary to involve an accountant, appraiser, or other
professionals. The total cost will depend on the total duration
of the mediation process plus any additional disbursements.
Historically, mediation costs have been significantly less than
the costs of litigation.
Return to top.
Do I Need My Own Attorney?
The mediator does not represent your or your spouse. It is always
recommended that you consult with independent legal counsel. The
mediator will gladly discuss any marital issue with your attorney.
However, your attorney will not attend mediation sessions with
you.
Return to top.
Are the Mediation
Sessions Confidential?
Yes. During the initial session, you and your spouse will sign an
"Agreement to Mediate" that emphasizes the
confidentiality of the proceedings. No position taken by a party
during mediation, regarding any issue, may be used against that
party during litigation, should the mediation process fail.
Return to top.
How Do I Know if Mediation Is
for Me?
Simply stated, if you and your spouse are willing to try to
communicate in an effort to resolve your marital issues, then
mediation is for you. While not all mediations are guaranteed to
succeed, the mediation process has a proven record of success.
Return to top.
Home | Contact Information | Recent Developments in Family Law
For more information, call or write Arnold H. Miniman at (973) 541-0014 or ahminiman@aol.com
Last updated 01/18/01