Mediation Process

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Initiating The Mediation Process:   

     The first step in initiating the resolution process is a consultation with NJ Mediation Service. The consultation is 100% free and confidential. We will take all the time that is necessary to discuss the process, answer any questions you may have regarding mediation and make recommendations accordantly.  For immediate assistance, we can be reached by phone at 1-(833) AGREE-55, directly from this site via our Consultation Request Form or by email at info@njmediationservice.com. We welcome calls, texts, messages, and emails 24/7 and will reply in a timely manner.

     The second step is registration. At the conclusion of the initial consultation, you will be provided with a registration package via email consisting of a Client Information Sheet, Credit Card Authorization, and a service deposit link. The Client Information Sheet provides general party information and a description of the dispute. The Credit Card Authorization is used to guarantee payment for service. A minimum refundable service deposit of $100.00 is required to complete registration. In cases where the other party is not amenable to mediation, the service deposit will be refunded 100%.  

     The third step is scheduling. Once the initiating party completes registration, NJ Mediation Service will advise the parties with respect to availability and a date will be agreed upon. Once a date is established, the mediation session will be placed upon the calendar and a conference link will be circulated 72 hours prior to mediation. 

What to Expect:

     Mediators are impartial third parties, they do not have an interest in the outcome of your case or advocate for either party. Rather, mediators promote productive discussion and assist the parties in coming to terms voluntarily with respect to disputed matters. Any agreement that is reached will be based on the parties own intent to agree and not the will or the opinion of the mediator. It is important to note that mediators does not have the legal authority to make a judicial determinations and will not decide your case or impose judgment. Likewise, mediators are not your legal representatives and neither consultation nor mediation creates an attorney client relationship. 

     Methodologically, mediators may employ, facilitative, evaluative and transformative techniques as necessary and appropriate to narrow disputes and promote agreement among the parties. In order for mediation to work, open and honest communication is essential. Accordingly, all communications, negotiations and statements made in the course of mediation will be treated as privileged settlement discussions and are absolutely confidential and can not be used as evidence in future proceedings.  

Preparing to Mediate: 

     Seventy Two hours prior to your scheduled mediation, you will receive a link to attend your mediation session via Zoom video conference, an invoice link to remit payment of the balance due, and an agreement to mediate. The Zoom link will take you directly into the meeting at the time designated for service. If you are unfamiliar with the video conference process, please advise us in advance so that additional support can be provided. The invoice link you receive will be identical to the deposit link and will permit you to enter you payment information for immediate processing. Full payment is required 72 hours prior to service to ensure service at the designated time. Finally, an Agreement to Mediate will be circulated for all parties to sign in advance of mediation. The agreement to mediate sets forth the general ground rules for mediation as well as important terms and conditions of service.  

     Parties may attend with or without counsel present. In the event a party appears with counsel, the parties attorney will prepare the party accordingly. In the event a party appears without counsel present, the party must come prepared to fully discuss matters as they relate to the parties interests and concerns as well as terms of settlement. It is also helpful to provide any materials that maybe presented prior to mediation to aid NJ Mediation Service in preparation. 

The Mediation Session:

     The mediation process generally involves four phases; introductions, opening statements, discussions, and, closure. The following is a description of what you can expect throughout each phase of the process.  

     The first phase of private mediation is the introduction phase. During this phase, the mediator will welcome the parties, introduce himself or herself, and set forth important ground rules for the process. 

     The Second phase of private mediation fully defines the issues to be resolved. Both parties in turn are invited to make opening statements. Each will speak uninterrupted for as long as necessary to fully set forth their goals, interests, thoughts and concerns. Only one party is permitted to speak at a time and each will have ample opportunity to respond once the other has spoken. 

     The Third phase of mediation is the discussion and agreement phase. Here, the mediator will caucus privately back and forth with the parties separately to discuss the dispute, find areas of potential compromise and probe ranges of solutions. It is important to remain open to creative solutions during this part of the process. Often, the wants, needs and interests of both parties can be served with just a little imagination, cooperation and compromise. Anything shared with the mediator is completely private and confidential and will not be shared without the party's consent. The importance of caucusing is that it informs the mediator as to the current state of play between the parties. As the parties positions shift and evolve, areas of commonality are revealed and the contours of an agreement take form. Private caucusing will continue until there is sufficient agreement with respect to the primary issues in dispute.  

     The final phase of mediation is the closure phase. Here, if there is an agreement, the mediator will provide a agreement summary in the form of an memorandum of understanding (MOU).  An attorney will then be required to review the MOU and create the agreement in its final form and to finalize the agreement. If an agreement has not been reached, the mediator will discuss with the parties and evaluate if there is any value in scheduling a future session.