What are the differences between private and court-ordered mediation?

Mediation Law in New Jersey consists of both private and court-ordered mediation. Private mediation is attempted without the involvement of the court, while court-ordered mediation is required by the court. In private mediation, mediators can be selected by the parties involved or they may be recommended by an attorney. Private mediators generally do not have the power to impose a decision on the parties; instead, they are an impartial third-party who helps the parties reach an agreement. The agreement reached in private mediation is typically not legally binding. Court-ordered mediation is utilized when parties are unable to reach a resolution on their own. The court will appoint a mediator who is tasked with helping the parties come to an agreement or resolution. In court-ordered mediation, the mediator has the power to impose a decision, which is binding on the parties. Ultimately, the differences between private and court-ordered mediation depend on the parties involved and the issue at hand. Private mediation is typically voluntary, non-binding, and requires the consent of both parties. Court-ordered mediation, on the other hand, is required by a court and is generally binding on the parties.

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