Arbitration is a form of dispute resolution in which the parties volunteer to resolve their disagreements outside of the courts. Arbitration, as opposed to a mediation or negotiation, may be the best course of action when the parties have come to an impasse and are no longer attempting to reach a settlement. This is one of the main reasons couples may use arbitration for divorce.
During arbitration, both parties present the issues they have in contention to an arbitrator who will make a ruling based on the information provided. Arbitration has a number of benefits. In fact, a divorce arbitration may help move the process along more quickly, especially if the parties are not able to agree on certain issues such as how to arrange child custody.
The Arbitration Process in New Jersey
Every family law arbitration begins with setting “ground rules.” During the first meeting, decisions will be made about what will be presented, whether Rules of Evidence will apply, and when the arbitrator will render the final decision. Any issue can be presented, but only if the parties agree.
Once rules are set, the arbitrator will schedule the hearings. The parties, with their attorneys, will present their case to the arbitrator. Once the hearings have concluded, the arbitrator will declare the matter closed and prepare the final decision. An arbitrator’s decision is binding upon both parties. After receiving the final decision, either party may apply to the NJ Courts to have the decision adopted, set aside, or modified.
Benefits of Arbitration
The attorneys with Celli & Schlossberg, LLC have extensive family law arbitration training and experience. That makes a difference, especially when going through arbitration for divorce. Arbitration in family law matters offers the following benefits:
- Control over the issues presented. Both parties must agree to the dispute, as opposed to an open litigation in which either party can raise any issues.
- Arbitration is private and information provided is not made part of the public record.
- Not as time consuming as a court battle. The parties and the arbitrator control their schedule. As such, arbitration can be concluded within a few months, as opposed to waiting for a trial, which could take years.
- Not as expensive.
Find out if arbitration for divorce can help you.
At Celli & Schlossberg, LLC, we have years of experience in mediation and family arbitration. Because we enjoy our work, we find it very rewarding to offer our New Jersey clients the best-suited options available under the law to resolve their important legal issues. Meet us and see how we can help you.
Contact us to find out more about family law arbitration in NJ and schedule your consultation.