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|Hudson Family Division| |Back to Hudson Vicinage Main Menu| Custody and Visitation - Mediation ProgramThis site is designed to provide you with some general information and to answer some frequently asked questions about the Family Court Mediation Program. This site may not contain all of the questions you may have regarding the Family Court Mediation Program.
What is mediation?Mediation is a process in which an impartial third party, called a mediator, assists parties in reaching agreements having to do with custody and visitation disputes. Mediation provides the parents with an opportunity to actively participate in making decisions which will affect the child(ren). As a parent, one maintains control over determining a "parenting plan" in which each parent and the child(ren) can live with. Also, as part of the mediation process, child support can be established. There are three ways in which you may become involved with this program: 1) The case may be referred directly from court, by a Family Court judge. At the time of the hearing, the judge may decide that your issues might be resolved more easily with the assistance of a mediator and the judge may refer the matter to the Mediation Program via a court order. 2) When a complaint for custody and visitation is initially filed, that complaint may be screened by a mediator and found to be an appropriate case for mediation. 3) The particular matter may have been referred for a custody or visitation investigation. If this is done, the matter will automatically be screened to determine if it is appropriate for mediation. In the event it is appropriate, the parent(s) will automatically become involved in the Program. Top of PageWhat type of cases are not appropriate for mediation?Cases in which there is an active domestic violence restraining order between the parties or active DYFS involvement, are not accepted into the Program. Generally, matters are handled on a case by case basis to determine if they will be accepted. What types of cases get mediated?Matters which involve issues of custody and visitation between two parents, or in some cases, other relatives, are ideal for mediation. Top of PageHow long does this mediation process take?There is no guideline to determine exactly how long a particular case may take to be mediated. Some matters get resolved in as little as one hour while others may take up to six hours. All mediation appointments are scheduled in 1 1/2 hour blocks of time. It may be necessary to schedule a second or third appointment in order to resolve the dispute and reach a final agreement. Top of PageWho determines when a particular case will not be successfully mediated?The mediator, after meeting with the parents at least one time, will determine when to end a session and close the case from the Mediation Program. Top of PageIf we can reach an agreement, what happens?If both parents arrive at a mutually acceptable plan for custody or visitation, the mediator will prepare a consent order. This order will outline the terms of the agreement and will be signed by all parties involved; including the mediator. This consent order will then be presented to a Family Court judge to sign. Once the consent order is signed, it becomes a legal and enforceable order of the court. At this point, no further involvement with the court is necessary. The parties will receive a copy of the signed order and will not need to return to court. Top of PageWhat if we do not agree?If an agreement cannot be reached through mediation, one of two things can happen: 1) If the case was originally referred for a custody or visitation investigation, the matter will be automatically transferred to the Assessment Unit so that the appropriate investigation can be undertaken. Or 2) If the matter was referred directly into the Program from court, it will then be rescheduled before that same judge for a hearing at a later date. Top of PageWhat do I have to do to prepare to mediate my case?All parties involved in the Mediation Program will have to attend a Family Court Mediation Workshop. At the Workshop, participants will view videotapes, receive written information relating to custody and visitation and are free to ask questions about the mediation process in general. The primary purpose of this Workshop is to educate parents as to how their children are affected when the parents become involved in custody and visitation disputes. Top of PageWho participates in the mediation session?Only the individuals who are directly involved in the matter can participate in the mediation session. Top of PageWhat if I want my child to participate in the mediation session?As a general rule, children are not permitted to participate in any of the sessions between the parents. However, if the mediator feels there is a need to interview the child, exceptions can be made. This decision is made by the mediator and handled on a case by case basis. Top of PageIf I have an attorney, can my attorney participate or attend the mediation session in my place?Mediation is a strictly confidential process. Therefore, attorneys are not permitted to participate. No information discussed between the parents and the mediator is passed on to anyone; neither the attorney(s); nor the judge. Top of PageWhy should I want to have my case mediated instead of letting a judge decide the case?When parents become involved in mediation, they maintain control over the child(ren). They become an active participant in reaching agreements which will affect their lives as well as the life of the child(ren). Mediation encourages cooperation and communication between the parents. It is the parents who ultimately determine the issues relating to their child(ren). When matters of custody and visitation go into court, the control over making any decisions related to the child(ren) is surrendered to the judge, who has the final say. Top of PageHow much does mediation cost?There is no cost to the parties. Top of PageDo agreements reached through mediation last?Studies have shown that parents who reach agreements themselves are much happier with those agreements and they tend to last much longer than court orders which are determined by a judge. When the parties walk out of a courtroom, usually one parent feels as though he/she has lost and the other parent feels as though he/she has won. When parents leave a successful mediation session, both parents can feel as though they have won. There are no losers in mediation. Top of PageWho may I contact regarding questions I have about legal advice or services?For assistance, you may contact the Hudson County Bar Association's Referral Service at (201) 798-2727 or Hudson County Legal Services located at 574 Newark Avenue, Jersey City, New Jersey 07306 (201) 792-6363. Top of Page|Hudson Family Division| |Back to Hudson Vicinage Main Menu| |
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