In New Jersey, mediation is a required step in the divorce process. Under New Jersey law, divorcing couples must attempt to reach an agreement on all issues pertinent to divorce including finances and child custody through mediation before having their disputes settled by a judge. However, mediation, on its own, exists as an alternative to traditional divorce. If both spouses are able to reach an agreement, any issue relating to divorce can be resolved instead through mediation. Through the process of mediation, spouses looking to legally separate can reach an amicable agreement on all relevant issues with the help of a qualified and neutral mediator without having to bring these issues in front of a judge in a courtroom setting. Unlike an attorney, a divorce mediator does not argue for or represent a particular side, but rather works to make sure both spouses come to a mutual agreement. Some spouses do, however, choose to elect involvement from an attorney in the process as well.

Mediation offers many benefits as compared to traditional divorce. The process of mediation, generally speaking, is usually significantly shorter than that of divorce and less costly. It also often allows the parties involved to entirely avoid a courtroom setting, protecting their privacy and confidentiality and giving them direct control over the outcome. The process can generally help to minimize conflict and allow divorcing spouses to find common ground in a non-confrontational setting with the aid of a mediator who facilitates the process as a neutral third party. Because of these advantages, mediation is often seen as a desirable alternative to traditional divorce litigation