Divorce Mediation

In divorce mediation, couples negotiate resolutions to their divorce issues with the aid of a neutral third party or mediator, thus maintaining more control over the final terms of their divorce. Although it is recommended that spouses bring their attorneys to the mediation process, this is not mandatory. Divorce mediation is a voluntary alternative to a traditional court-litigated divorce proceeding.

The attorneys at Kearns Rotolo Law are experienced in the area of mediation and can assist you in this process.

Victor A. Rotolo has been included on the List of New Jersey Super Lawyers in the years 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, and 2024 marking his nineteenth year of inclusion on this list. The list of New Jersey Super Lawyers is generated by the Thomson Reuters organization which employs the following methodology and set of standards to compile the list each year. Super Lawyers Selection Methodology [No aspect of this advertisement has been approved by the Supreme Court.]

Victor A. Rotolo is certified by the Supreme Court of New Jersey as a Civil Trial Attorney.

"A certified attorney is more than just an attorney who specializes in a particular area of law. A New Jersey attorney who is certified by the Supreme Court as a civil trial attorney must have:

• been a member in good standing of the New Jersey bar for over 5 years
• demonstrated a substantial level of experience in civil trial law
• been favorably evaluated by other attorneys and judges familiar with his or her work
• taken and passed a written examination in civil trial law."

Source: Supreme Court of New Jersey, Board on Attorney Certification, Brochure on Certified Civil Trial Attorney. See Rule 1:39: Specialty Certification of Attorneys.

Any issue related to divorce can be resolved through divorce mediation, including child custody and parenting plans, child support, child visitation, and property distribution. Not every divorce, however, can be resolved through mediation. For divorce mediation to be successful, each spouse must be open to compromise and willing to negotiate.

The Mediator’s Role

The role of the mediator in divorce mediation is to keep lines of communication between the spouses open, to help brainstorm ideas and solutions to the issues at hand, and to keep both parties focused when trying to achieve hard-to-reach agreements. The mediator cannot advise either spouse nor act as an attorney for either side. Mediators must remain neutral throughout the proceedings, but can point out information that could be useful to both parties in reaching their agreements.

The Process

A mediator is hired by one or both of the spouses to help facilitate the process. The mediation process can be used to settle divorce issues as well as many different types of civil cases, including contract disputes, small business issues, and leases. When selecting a mediator for your divorce mediation, it is important to choose one who is experienced in family law matters.

Each spouse then provides the mediator with a brief statement pertaining to their marriage, family and issues to be resolved. From there, the mediator explains the overall process to both parties, including whether the couple can expect to meet face-to-face for open discussion, or separately with the mediator to discuss their issues in private.

The next step in the mediation process is to evaluate where the couple stands on various issues related to their divorce in order to determine what agreements must still be reached. The mediator can then help the couple plan a way to resolve any outstanding issues.

The Benefits

• Divorce mediation is a flexible process. The couples involved can choose the frequency of their meetings; they are not limited to openings on a court calendar.
• Divorce mediation is private. Sessions are held behind closed doors and discussions are confidential unlike litigated divorce proceedings which are a matter of public record.
• Divorce mediation is voluntary. Either spouse may withdraw from mediation at any time he or she feels the process is no longer working. The mediator, however, may only withdraw for cause.

Mediation is often quicker and, as a result, less costly than litigated divorce proceedings. Furthermore, experience has shown that couples are more likely to comply with the terms they have reached through mediation than with those imposed on them by the courts. Also, couples tend to find the communication skills they honed through mediation useful in handling future family law issues that may surface, including issues relating to their child or children.

Divorce Mediation Available at Kearns Rotolo Law

The attorneys at Kearns Rotolo Law are experienced in the area of mediation and are prepared to assist in the process recommended by your attorney. Please contact the experienced divorce and family mediators at Kearns Rotolo Law, located in Lebanon, NJ if you have a divorce mediation matter you would like to discuss.

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