Thanks to Court Rule 5:4-2, before any family law matter can proceed to the courts, each party involved in the dispute must be notified of the availability of the Alternative Dispute Resolution methods of mediation, arbitration, and collaboration. Of course, litigants do not have to resolve their family law dispute through one of these methods, but they are required by law to be notified of the possibility that their family law dispute can be resolved through one of these ADR methods.
While each ADR method has its own unique process, advantages, and disadvantages, the focus of our article today is to discuss the process of arbitration specifically, as it is perhaps the least commonly understood ADR method of the three.
Bergen County Family Law Arbitration
Arbitration is the ADR method perhaps most similar to traditional litigation in that it involves the litigants (and potentially their Bergen County arbitration attorneys) presenting evidence and arguments to a neutral third-party judge (the arbitrator) who is responsible for making a final ruling in the matter. However, this arbitrator, and the arbitration process itself, all takes places outside of the public court system, meaning participants enjoy many of the benefits that all ADR methods offer such as confidentiality, an adaptable time-frame, and a more informal process in general.
As already noted, participants in the arbitration can either choose to waive their right to legal counsel, or retain individual legal counsel during the process. Unique to ADR methods, participants in the arbitration process can also choose whether or not their arbitration will be considered binding or non-binding, meaning whether they will legally have to accept whatever judgement the arbitrator issues, or whether parties will have the right to have their matter heard by a public court should they disagree with the arbitrator’s final decision(s).
While arbitration is commonly used to resolve divorces and their related issues of child custody, alimony, and the division of assets, arbitration can also be used to resolve matters like post-divorce modifications.
Can Arbitration Work for My Family Law Dispute? Ridgewood Arbitration Lawyers
In general, arbitration is pursued when the involved parties want to take advantage of the benefits of Alternative Dispute Resolution methods, but at the same time want to leave the final decisions and judgements to a neutral third party, rather than working to find resolutions themselves.
Arbitration can be particularly beneficial in this manner considering the difficulty many divorcing or divorced couples will have communicating openly, honestly, and in good faith with one another. Rather than having to work together to find acceptable resolutions as they would during the mediation or collaboration process, arbitration allows parties involved in family law disputes to take advantage of the confidential, informal, and much more flexible ADR process, while still leaving the final decisions up to a third party, in this case an arbitrator.
Contact Our Hackensack Arbitration Attorneys Today
At The Law Office of Townsend, Tomaio & Newmark, our attorneys have extensive experience both representing clients individually during the arbitration process, as well as acting as neutral arbitrators during the arbitration process in towns across New Jersey and Bergen County, including Ridgewood, Hackensack, Paramus, Teaneck, and Fort Lee.
By practicing exclusively family and divorce law, our firm can focus on providing each of our clients with the knowledgeable, effective, and attentive legal service that they need and deserve in matters so critical to their legal, financial, and familial futures.
To speak with our experienced legal team today in a free and confidential consultation regarding your divorce, any kind of post-divorce issue, or your options for resolving these issues through any kind of Alternative Dispute Resolution such as mediation, collaboration, or arbitration, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.