Robert B. Cherry, P.C., Esq.
195 Route 46 West, Suite 6
Totowa, NJ 07512
Phone: 973.785.1799
Fax: 973.785.4777

"Self-determination is the fundamental principle of Divorce Mediation. The mediation process relies upon the ability of participants to make their own voluntary and informed decisions."

Divorce Mediation

Civil, Criminal and Matrimonial trial work Experience in Governmental Regulations, Inspections Mediation and Arbitration, Nursing Home Litigation.

Overview of Mediation

Mediation is a process in which a Mediator, an impartial third party, facilitates the resolution of family disputes by promoting the participants’ voluntary agreement. Mediation also encourages the participants to explore options, make decisions and reach their own agreements. Mediation is non-adversarial with the objective of helping the parties reach a mutually acceptable agreement.

Divorce Mediation

Divorce Mediation is most commonly used when a couple has decided to divorce and wants to control the process. In every divorce, the parties must: restructure the family unit, address financial issues, follow state law and court procedures. The Mediator, through training and specialized knowledge, facilitates the parties in addressing all of these matters.

Divorce Mediation is not a substitute for the need for family members to obtain independent legal advice or counseling or therapy. Nor is it appropriate for all families. However, experience has established that family mediation is a valuable option for many families because it can:

increase the self-determination of participants and their ability to communicate;

Mediation may also be used in family matters such as pre-nuptial agreements, grandparent issues, domestic partnerships, and post-divorce disputes.

Advantages of Mediation Over Litigation

Litigation is:

  • Expensive
  • Time consuming
  • Public
  • Adversarial
  • Destructive of long term relationships
  • Characterized by winners and  losers

Mediation is:

  • Cooperative
  • Less expensive
  • Quicker
  • Confidential
  • Supportive of relationships
  • Characterized by all parties being winners

Role of the Mediator

The primary role of a Mediator is to assist the participants to gain a better understanding of their own needs and interests and the needs and interests of others and to facilitate agreement among the participants.

A Mediator explains the mediation process, provides a supportive, non-confrontational setting in which to negotiate, assists the parties to understand and analyze the facts and issues, keeps the parties focused on the issues, helps the parties gain control of their dispute, and facilitates creative and cost-effective solutions.

How Divorce Mediation Works

Divorce Mediation is a step-by-step process through which separating couples arrive at a fair agreement which is acceptable to both parties. Some examples of questions that come up during the mediation process are: Who will the children live with?; How much visitation will the non-residential parent have?; How much support will be paid?; What does support cover?; Who gets to stay in the house?; Who will get the money from the property we own?; How will our investments be divided?; Do we have to share our retirement plans?; Who will pay the credit card debt?

A skilled and experienced Mediator is able to create a safe and cooperative environment which encourages open and honest discussion, while remaining impartial at all times. The mediation process culminates in an agreement, which details the specifics of your mutually agreed upon decisions. This agreement is the basis of the divorce decree.