Divorce arbitration is an option for some divorcing couples who would like a binding agreement, but do not require a judge’s intervention. The key difference between mediation and arbitration relates to the role of the neutral party. An arbitrator functions much like a judge, taking testimony, evaluating evidence, and rendering a decision, while a mediator is a facilitator, an intermediary between the parties who will draft an agreement but will not render judgment. If you think divorce arbitration may be the right option for you, contact our Morris County divorce lawyers today.
Divorce Arbitration in New Jersey
During arbitration, parties provide details of the case to a neutral arbitration attorney who will create the binding decision. Arbitration cases are often resolved in a relatively short amount of time and do not proceed to a divorce trial where all aspects of the divorce are a public matter. Unlike mediation, parties who agree to arbitration must understand that the arbitrator will make the final determination on all matters. Spouses will not have a say in the decision, and the case will not go to trial.
What Are the Potential Benefits of Divorce Arbitration?
Though arbitration isn’t for everyone, there are various potential benefits of arbitration over litigation. Some of those are as follows:
- Confidentiality: Unlike divorce trials, which are public record, arbitration proceedings remain private. This allows couples to resolve their disputes without public scrutiny.
- Efficiency: Arbitration is typically faster than traditional litigation. Without the delays of court scheduling, many couples reach a resolution in a matter of months rather than years.
- Cost-Effectiveness: While arbitration does involve fees, it often results in lower overall costs compared to a lengthy court battle, saving both time and money.
- Flexibility: The parties have the ability to choose their arbitrator and set hearing dates that accommodate their schedules, rather than being bound by a court’s calendar.
- Finality of Decision: Arbitration results in a binding decision, providing closure and reducing the risk of prolonged disputes or appeals.
- Less Adversarial: While arbitration involves presenting evidence and arguments, it is typically a less hostile and contentious process than courtroom litigation.
- Specialized Knowledge: Arbitrators often have extensive experience in family law, ensuring that the final decision is made by someone well-versed in divorce-related matters.
The Divorce Arbitration Process in New Jersey
The arbitration process in New Jersey follows a structured yet flexible approach, allowing spouses to resolve their divorce matters outside of court while still ensuring a legally binding outcome. Below is a brief outline of how the process typically unfolds:
- Agreement to Arbitrate: Both spouses must voluntarily agree to arbitration and sign an arbitration agreement. This document outlines the issues to be decided, the authority granted to the arbitrator, and the procedures to be followed.
- Selection of an Arbitrator: The parties choose an arbitrator, often a family law attorney or retired judge, who has experience in divorce-related matters. This ensures a fair and knowledgeable decision-maker.
- Pre-Arbitration Conference: The arbitrator meets with both parties (and their attorneys) to establish procedural rules, discuss timelines, and clarify which issues will be resolved in arbitration, such as asset division, alimony, child custody, and support.
- Evidence and Testimony: Similar to a trial, each spouse presents evidence, witness testimony, and legal arguments before the arbitrator. However, the process is generally less formal than a courtroom trial.
- Deliberation and Decision: After reviewing all presented information, the arbitrator issues a binding decision on the disputed matters. This ruling carries the same legal weight as a court judgment.
- Judgment Entry: The arbitrator’s decision is submitted to the court, where it is formally recognized and incorporated into the final divorce decree.
Once the arbitrator renders a decision, the ruling is typically final, with limited grounds for appeal. This ensures that both parties receive a definitive resolution without prolonged litigation.
Contact Our New Jersey Family Law Firm
Here at Leslie Law Firm, we have decades of experience representing clients through various types of divorces, including mediated, arbitrated, and litigated divorce. If you’re looking for a legal team that can effectively represent your interests, simply contact our skilled Morris County divorce arbitration lawyers today.
