Divorce Arbitration Attorney in Union County NJ
The process of divorce in New Jersey is an extensive one, and it can be both time-consuming and costly. Even when a divorcing couple has an amicable relationship, there are so many factors to be hashed out during a divorce proceeding that it is nearly impossible for a separating pair to agree on every aspect of the terms. To support spouses in the legal process of separation, especially when they have ongoing relational conflicts or struggle to agree, some legal devices are in place to usher along the process. Some are informal and non-binding, and others are legally binding forms of facilitating the divorce. When understanding different avenues to pursue in order to resolve a divorce in New Jersey, the various methods to know include one form of alternative dispute resolution known as arbitration.
What is Divorce Arbitration in New Jersey?
Arbitration is a process by which a separating couple is legally supported in agreeing to the terms of their divorce. A neutral third party called an arbitrator facilitates the arbitration proceedings, provides a strictly formulated procedure that walks the couple through divorce logistics, and makes the final determinations.
There are two different types of arbitration: binding and non-binding. In both forms of arbitration, the third party arbitrator passes down a decision regarding the final divorce agreement in lieu of a New Jersey Superior Court: Family Part Judge.
Binding arbitration is a structured way of coming to a final decision regarding divorce that does not include the court system. A couple that chooses binding arbitration agrees to abide by the decision the third party arbitrator comes to; such decisions cannot be overturned unless the arbitrator breaks neutrality and leans to one side without evidence in their ruling. Non-binding arbitration is also structured, though informal, in its way of deciding on divorce. However, with non-binding arbitration, a partner may appeal the arbitrator’s decision to the Court in the appropriate jurisdiction.
How does arbitration differ from mediation and litigation in New Jersey divorce law?
Mediation is a legally non-binding alternative to divorce proceedings such as arbitration or litigation. Mediation is a means by which a divorce mediator can walk a couple through the divorce process in service of helping them come to collaborative decisions more rapidly and effectively. For mediation to work, both parties must be active collaborators in separating assets, deciding custody arrangements, etc. Because mediation is simply an informal and non-binding alternative to a divorce agreement through attorneys, some measure of amicability between the couple is necessary.
Why choose arbitration to resolve divorce-related issues?
There are some key differences between arbitration and litigation and arbitration and mediation that make it a worthwhile alternative. For example, arbitration and mediation are confidential, contrary to litigation; no court reporter is required, though the couple may invite a court reporter to the proceedings. As such, potentially embarrassing information regarding the specifics of the divorce is kept confidential and does not become a public record.
Another benefit to arbitration, compared with litigation, is that it is less formal and more structured. Arbitration includes scheduled sessions with an arbitrator, and the couple and their attorneys determine a set schedule that suits both parties. When it comes to litigation, the schedule of sessions depends completely on the other attorneys and the court’s availability. As such, litigation takes much more time and therefore costs much more money than both mediation and arbitration, because the amount of time each person’s attorney is required to be available depends fully on the schedule of the court proceedings. Additionally, litigation is usually undergone by couples with high levels of conflict, so the court proceedings are much more extensive and costly.
When it comes to deciding between arbitration and mediation, however, the main benefit of arbitration is that it is legally binding. The decision made by the third-party arbitrator is upheld by the New Jersey legal system, whether or not the couple chooses binding or non-binding arbitration (in the case of non-binding arbitration, a party can appeal the decision of the arbitrator, but eventually the final decision is mandated by the Court, whether the arbitrator’s decision is upheld or overturned by the appeals court). A couple who undergoes mediation can use the mediator’s recommendations, but should one or both parties decide not to follow the recommendations, no legal action can be taken.
If you are separating from your spouse, you must hire a skilled family law attorney.
Contact our Divorce Arbitration Lawyer for Help in Westfield, Summit, Cranford, Roselle, and other Union County areas
If you have any questions relating to arbitration for the divorce process and the options you have available, we can assist you. At The Law Offices of Edward S. Cooper, Esq, our attorney has vast knowledge and experience representing divorcing individuals across Summit, Elizabeth, Scotch Plains, Linden, and Union County. For dedicated counsel and answers that you are seeking after deciding to separate from your spouse, please contact us online or throughout the NJ office by calling (908) 481-4625 today for a confidential consultation today.k.