Mediation & Arbitration

Attempting a short, cost-effective, 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. Once reasonable settlement negotiations can quickly turn into protracted disputes over child custody arrangements and alimony payments. Couples who were once so in love that they got married find themselves sitting across each other in a Courtroom. 

It’s no wonder that 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 dispute resolution 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 help 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 by both parties. 

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. Are you willing to pay more child support if it means a more flexible parenting schedule? Do you 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 compromises. In the divorce process— especially in Mediation and/or Arbitration— no one gets everything they want, and compromise is the bedrock answer to resolving the issues. What are you willing to offer as a compromise? What are you willing to accept as a compromise? 

Level-set your expectations prior to Mediation and/or Arbitration

Level-set 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 and economically, for you and for your family. Also, if you have children, try to consider what your relationship with your co-parent will be after Mediation and/or Arbitration. What will your relationships be if you each remarry? If you have more children?  

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 your circumstances would be. 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 the opposing counsel don’t simply decide upon who the mediator or arbitrator is, thus setting the tone for the entire process. In fact, the Mediator or Arbitrator right for your process should be the one who’s right, fair, and acceptable to both divorcing parties— this one mutual choice may ensure a successful Mediation and/or Arbitration. 

Your lawyer will help you navigate the Mediation and/or Arbitration process for the best outcome (or tell you when you’re not being treated fairly, or if tell you if you are being unreasonable). A key reason to engage in mediation or arbitration is the belief 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). Mediation and Arbitration may in fact wind up being the right route for you. 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 secure and stable emotional, economic, and mental state. 

The goal of divorce is for you to be able to emerge with your child(ren) protected, your family in a better place, and the optimism and opportunity to see what life post-divorce might hold for you. Perhaps the best way to achieve this goal is through Mediation and Arbitration. If so, a New Jersey Mediation and Arbitration Lawyer will be the person to get you there, along with their dedicated family law paralegals and support team. Together, we can Move Forward. 

Interested in possibly utilizing Mediation and Arbitration in your divorce? Call (201) 488-1161, 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.