New Jersey Mediation And Arbitration
Attempting a short and amicable divorce process? A New Jersey mediation and arbitration lawyer can help. Divorce: undeserved or not, the process has a reputation as unnecessarily adversarial, slow as molasses, and costly. Many people contemplating divorce would rather
avail themselves of mediation and arbitration.
What exactly do we mean by Mediation and Arbitration as it relates to the divorce process?
Mediation is an alternative system in which both parties, along with their lawyers, decide to
hire a mediator (this could be a different lawyer, a retired judge, or such) to resolve both their
economic and custodial differences in the divorce and bypass the litigation process.
Arbitration is a more formal process recognized by the Court in which both parties, and their
lawyers, hire an arbitrator (often a trained attorney or a retired judge) to assist them in
resolving all issues. Testimony is given and the parties and any witnesses are sworn to tell the
truth under penalties of perjury. Evidence is presented to the arbitrator; the rules of Court are
traditionally followed. The arbitrator will issue a decision which will be binding in accordance
with the arbitration agreement entered into.
Whether you’re thinking of mediation or arbitration as a possibility for your divorce
proceedings, a New Jersey Mediation and Arbitration Lawyer is a must for you, as they can help
you navigate these two options.
How can a New Jersey Mediation and Arbitration Lawyer Help?
Clarify your priorities prior to Mediation and/or Arbitration. Many people who decide to
engage in Mediation and Arbitration want a less costly, shorter, and less onerous
divorce process— one in which the soon-to-be-ex spouses don’t descend into unruly
name-calling and such. One part of this (in which compromise will be a necessary
element) is to work with your lawyer and decide what your priorities are. Willing to pay
more child support if it means a more flexible parenting and parenting schedule? Want
to keep the marital home, even if it means sacrificing a few choice holidays and/or
vacations? Work with your lawyer to prioritize your desires and solidify your
- Level-set your expectations prior to Mediation and/or Arbitration. Together with this is
level-setting your expectations as a whole. Mediation or Arbitration is far from the
magic bullet so many recent articles have made it out to be. Talk honestly with your
New Jersey Mediation and Arbitration Lawyer about what the process will be like, what
the realistic time frame is, and how it will impact your post-divorce lifestyle, mentally,
economically, and for your family.
- Your lawyers will assist you in deciding upon the right Mediator or Arbitrator. When you
go through the Court system, neither the client nor the lawyer has any say in who the
Judge is. Here, both parties, working with their lawyers, will figure out who the right
mediator or arbitrator for their circumstances is. Your New Jersey Mediation and
Arbitration Lawyer will have definitive opinions on why this person may be right or
wrong for your case. Work with them so your co-parent and their opposing counsel
don’t simply decide upon who the mediator or arbitrator is, thus setting the tone for the
- Your lawyer will help you navigate the Mediation and Arbitration for the best outcome
(or tell you when you’re not being treated fairly). A key reason to engage in mediation
or arbitration is the ideal that both parties will be treated equitably, or as fairly as
possible. Your New Jersey Mediation and Arbitration Lawyer will work with you, the
Mediator or Arbitrator, and opposing counsel to make sure this fairness comes to be, or,
if not, advise you when this process isn’t working for you, and what you can do about it.
In other words, they’re looking out for you.
Mediation and Arbitration have become incredibly popular in recent years, especially as the
pace of the Court system is bogged down by judicial vacancies resulting in long delays (too few
judges, too many cases). Our motto is Move Forward— and the Court system is not the only
way to do so. The paramount outcome is your divorce, your ability to Move Forward in your
life, in a good emotional and economic state. Perhaps the way to do so is through Mediation
and Arbitration. If so, a New Jersey Mediation and Arbitration Lawyer will be the person to get
Interested in possibly utilizing Mediation and Arbitration in your divorce? Call our offices, fill
out the intake form, or email a dedicated Family Law paralegal to speak with a New Jersey
Mediation and Arbitration Lawyer at O’Cathain Law Group.