Divorce FAQs

Divorce mediation is a process where a neutral third party, known as a mediator, helps divorcing couples reach mutually agreeable solutions on issues like property division, child custody, and support. Unlike litigation, where decisions are made by a judge, mediation allows both parties to maintain control over the outcome. The mediator facilitates communication, identifies potential solutions, and guides the couple toward a settlement. Mediation is typically less adversarial, more confidential, and can be quicker than going to court. At Nitti Divorce Mediation, our mediation process is designed to achieve an amicable solution so both parties can move on with their lives as quickly as possible.

Divorce mediation offers several benefits compared to litigation, including lower costs, faster resolution, and less stress. Because mediation encourages communication and collaboration, it can help maintain a more amicable relationship between the parties, which is particularly beneficial when children are involved. Mediation is also private and confidential, whereas court proceedings are public. Finally, mediation gives both parties more control over the outcome, rather than leaving decisions in the hands of a judge.

In New Jersey, there is no specific license required to be a divorce mediator, but mediators are typically required to have relevant training in mediation and conflict resolution. Many mediators are also attorneys or mental health professionals, which adds to their qualifications. For court-referred mediations, mediators must be certified by the state and meet certain educational and experiential requirements. However, for private divorce mediation, couples can choose a mediator based on their credentials and experience. Joseph Nitti, Esq. is a certified, court appointed divorce mediator with over 35 years of experience mediating divorces, and currently a practicing family law attorney, making him uniquely qualified as a divorce mediator.

The cost of divorce mediation varies depending on factors such as location, the mediator’s experience, and the complexity of the case. In New Jersey, for example, the the total costs typically ranges between $2,000 and $10,000. Mediation that costs in excess of this range are reserved for the most complicated divorces. This is often significantly less expensive than litigation, which can easily cost tens of thousands of dollars. Many mediators offer sliding scales or payment plans to accommodate different budgets.

The duration of divorce mediation varies based on the complexity of the issues and the willingness of both parties to cooperate. On average, mediation can be completed within 3 to 6 sessions, with each session lasting 1 to 2 hours. In most cases, divorce mediation takes between 2 to 4 months, which is considerably faster than litigation, which can drag on for a year or more. The more open and willing to compromise both parties are, the quicker the process tends to go.

The agreements reached through divorce mediation that is put in writing and signed by the parties can be legally binding. However, until submitted to a court and incorporated into a formal divorce decree, they can be set aside. Once the mediated agreement is approved by a judge, it becomes legally enforceable. Both parties are expected to negotiate in good faith during mediation, and the agreements reached are often more likely to be followed because they are mutually agreed upon rather than imposed by a court.

Divorce mediation can resolve a wide range of issues, including property division, spousal support (alimony), child custody, visitation rights, and child support. Our process can also address more specific concerns such as how assets like retirement accounts or the family home will be divided, and how parenting responsibilities will be shared. Essentially, any matter that would typically be addressed in a divorce can be discussed and settled through mediation.

Yes, divorce mediation is designed to help couples reach agreements even when they initially disagree on important issues. A skilled mediator can guide discussions to foster compromise and collaboration. Mediation is particularly useful when there is partial agreement but disagreement on certain key points. While both parties must be willing to engage in the process, mediation can often resolve conflicts that seemed insurmountable at the start.

While it is not required to have a lawyer during divorce mediation, it can be beneficial to consult one, either during or after the mediation process. Many people choose to have an attorney review the final mediated agreement before it is submitted to the court to ensure their rights and interests are protected. Some individuals also prefer to have a lawyer present during mediation sessions for guidance, although this can add to the overall cost of the process.

Yes, divorce mediation is commonly used to resolve child custody and support issues. Mediation provides a more collaborative environment for parents to discuss and agree on parenting schedules, decision-making responsibilities, and financial support for their children. It can help reduce conflict and foster cooperation, which is particularly important when both parents will remain involved in their children’s lives after the divorce.