Arbitration

Arbitration

Bergen County NJ Divorce Arbitration Attorneys

What is Divorce Arbitration?

There are a variety of different avenues that you may pursue to resolve your divorce. Although traditional litigation is perhaps the most familiar, it can become protracted and costly for both parties involved. Fortunately, litigation, meaning a trial in court before a judge, is by no means your only option. There are multiple forms of alternative dispute resolution which can serve as expedient and cost-effective avenues for many couples who have chosen to divorce. Alternative dispute resolution is simply a technical legal term used to refer to the process of settling disputes outside of the courtroom. The most common of these alternatives are mediation, arbitration, and collaborative divorce, each of which has positive and negative aspects that may suit your needs. Before proceeding with your divorce, you must have a comprehensive understanding of the alternative methods you may choose.

At Townsend, Tomaio & Newmark, our talented team of attorneys is specialized in divorce and family law. Our experience extends to a variety of positions within New Jersey’s Family Law Court System, which allows us to act as effective litigators, arbitrators, and mediators for our clients undergoing divorce. With three partners who are recognized by the Supreme Court of New Jersey as a Certified Matrimonial Law Attorneys, we have the knowledge and credentials to address the most complex of cases. Equally as important, we are committed to providing the utmost attentiveness and compassion to support you through this often stressful period of transition. To discuss your circumstances with one of our seasoned divorce attorneys today, simply contact our Bergen County offices at 201-397-1750 for a cost-free consultation. The answers you need to make informed decisions are just a phone call away.

Divorce Arbitration in New Jersey

Opting to undergo arbitration proceedings is an extremely important decision with far-reaching implications. Unlike mediation, arbitration is a legally-binding process, meaning that you enter into these proceedings having agreed to abide by the final determination. Mediation represents a vastly different option, as it is not a legally binding process but instead results in recommendations that you and your spouse may accept or refuse at your discretion. Mediation and arbitration are similar in that they both may provide significant financial savings for the parties involved, as well as a more time-effective course for resolution. Another benefit of arbitration is the ability to keep all of the information disclosed during these proceedings private, thus preventing your exposure to public scrutiny if you are a public official or high-profile individual.

The trajectory of arbitration is as follows: both you and your spouse will agree upon an arbitrator. This individual is an objective third-party, often a lawyer, who will impartially evaluate all relevant circumstances before determining an appropriate marital settlement agreement. When choosing to undergo arbitration, you must first agree to accept whatever the result of the arbitration will be, thus limiting your control over the process significantly. The arbitration process is similar to a trial that would occur in court, with witness testimony and evidence presented by both sides. However, arbitration is far less formal than court proceedings, particularly because the rules of evidence are significantly relaxed.

Should You Pursue a Divorce through Arbitration?

Before deciding about arbitration, several important questions should be considered. Just as relationships are significantly variable, the benefit of arbitration may be large or small depending on your specific circumstances. Some of the most important questions to ask yourself include:

  • How important is time efficiency for your divorce? Courtroom litigation can extend for lengthy periods, with backlogs of cases on the court’s docket that delay your ability to even begin divorce proceedings. Arbitration represents a significantly more expedient alternative.
  • Is cost-effectiveness essential during this time? Choosing to pursue a case in court may require months or even years of your divorce attorney’s time, which translates into a significant cost burden for both parties if you cannot reach an agreement. Arbitration can represent a drastically less expensive option for you and your spouse if financial savings are paramount.
  • How flexible is your schedule for attending divorce proceedings? If your work or other commitments limit your flexibility, arbitration may help you schedule these events at your convenience, instead of complying with court-ordered dates for appearance.
  • Is confidentiality a significant consideration for you? If there are components of your divorce that you need to keep private for the sake of your reputation, career, or to protect your children, arbitration represents an entirely private setting through which to resolve divorce-related issues. If your case is tried in court, the evidence presented becomes part of the public record.
  • Are there specific decisions that you and your spouse cannot agree upon that would be best decided by an objective third party? Perhaps you have agreed upon a child custody configuration that suits both of your needs, but you cannot agree upon the fate of the marital home. In these cases, you and your spouse can choose to present specific issues to the arbitrator and agree to abide by his or her determination.

Contact our Bergen County NJ Divorce Arbitrators to Discuss Your Case

At Townsend, Tomaio & Newmark, we are not interested in dragging you through long-term legal battles to increase our fees. Our primary concern if facilitating a positive outcome that allows you and your family to move forward in the most agreeable of terms. As such, we work to provide you with a thorough outline of all of your options, complete with benefits and drawbacks, so that you can make confident, informed decisions that serve your best interests. For additional information, contact our firm today.

Read Our Latest Blog Posts

  •  How do New Jersey Courts Determine Child Relocation?
  •  Post-Divorce Modifications in New Jersey
  •  Does my Divorce Have to go Through Litigation?