Should You Mediate Or Go To Court?

In New Jersey, a new state mediation program is available for those facing a New Jersey foreclosure. In other states that have implemented similar programs, mediation has helped homeowners stay and keep their homes. The premise is simple: Put the homeowner and the bank in one room to discuss the situation at hand and come up with a solution that will cost less to each party involved.

Mediation gives participants a face to put to the voice they often hear on the other end of their telephone conversations. In person, everyone is a human being and the presentation of solutions and the reaction to those solutions differ drastically than if they were to be presented over a telephone or through formal correspondences. Amicable solutions to New Jersey foreclosure issues and other similar situations are also reached much quicker during mediation.

While mediation is not for everyone, individuals tend to like starting their cases in mediation if possible because it is not binding (meaning, the participants can still go to court to reach a different solution) and nothing is forced upon either party. In addition, the New Jersey foreclosure mediation program is free.

What is New Jersey mediation?

Mediation is a confidential process where a third neutral party tries to help two contesting individuals, or parties, resolve an ongoing or current problem that would otherwise be handled by a court system. The process usually involves a positive outlook and tries to reach a solution that is beneficial to all the parties involved.

When New Jersey mediation may be the better solution

New Jersey mediation may be a better solution when the two parties in dispute need to work with each other in the future. In workplace disputes, mediation is often seen as the cost-effective solution that improves morale in the following types of situations:

  • Harassment (minor)
  • Discipline
  • Compensation
  • Management disagreements
  • Termination
  • Work Performance

New Jersey mediation can be a great way to handle misconceptions and misunderstandings as the parties are able to discuss the issues at hand. In many cases, including family businesses, landlord-tenant and elder law, mediation can be employed for fast and cost-effective results.

When going to a New Jersey court is a better option

Situations in which handling cases in a New Jersey court may be a better option than trying mediation include instances where a power struggle exists or there is an intimidation factor that takes place between two individuals that prevents them from being able to make their own decisions and/or be in the same room with each other. This is most common in divorce cases. Other factors include the finality of the process as mediation is not binding and both parties still have the option of court litigation following mediation.