Divorce Mediation in New Jersey: How It Works
Mediation lets you and your spouse resolve divorce issues with a neutral mediator — without a judge deciding for you. It's faster, cheaper, and less adversarial than litigation. In New Jersey, custody mediation may be mandatory.
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Choose a mediator
Select a neutral, trained mediator (often a family law attorney or mental health professional). Average cost: $200–$500/hour.
Opening session
The mediator explains the process, sets ground rules, and identifies the issues to resolve.
Negotiate each issue
Work through property division, custody, support, and other matters with the mediator facilitating the discussion.
Draft agreement
Once you agree, the mediator drafts a settlement agreement. Have your own attorney review it before signing.
File with the court
Submit the signed agreement as part of your divorce filing. A judge reviews and approves it.
Mediation vs. Litigation
Cost
Mediation: $3,000–$8,000 total. Litigation: $20,000–$50,000+ per spouse.
Time
Mediation: 2–4 months. Litigation: 1–3+ years.
Control
Mediation: you decide. Litigation: a judge decides for you.
Relationship
Mediation: preserves co-parenting relationship. Litigation: often destroys it.
When Mediation May NOT Work
- ✓History of domestic violence or abuse (power imbalance)
- ✓One spouse is hiding assets or being dishonest
- ✓Extreme conflict where communication has completely broken down
- ✓One spouse refuses to participate in good faith
Every situation is different
Considering mediation in New Jersey? Our AI advisor can help you prepare and know what to expect.
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Legal Disclaimer: This article covers New Jersey divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a licensed New Jersey family law attorney for advice specific to your situation.