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Mediation, Arbitration, & Collaborative Divorce

Morris County NJ ADR AttorneysAlternative Dispute Resolution, often shortened to ADR, is a term used to describe several different methods by which legal disputes may be settled out of court. For issues pertaining to divorce and family law, the most common alternative dispute resolution methods are mediationarbitration, and collaborative divorce. These methods are used to keep costs down, keep timelines shorter, and to avoid the potential for a stressful court battle.

Today, our alternative conflict resolution attorneys will be discussing mediation, arbitration, and collaborative divorce and how they can be an attractive option for those going through a divorce or other family law dispute.

Morris County, NJ ADR Attorneys Define Mediation in the Family Law Process

The most commonly used ADR method used by our Morris County attorneys is mediation. The benefits of mediation are many, and the process is relatively straightforward and simple to understand. An impartial mediator of mediation attorney will represent both clients throughout the mediation process. It is important to understand that while your attorney may either be your mediation attorney or your independent counsel, they cannot be both.

Your mediator will gather financial and other legal documentation, hear the testimony and perspective of both parties, and consider all of the facts at hand. Much like a judge in a courtroom, he or she will then issue a recommendation based on the details of your case. Unlike a judge’s decision, these recommendations are not final and may be accepted or rejected by each party.

Chester Alternative Conflict Resolution Lawyers Discuss Arbitration

Arbitration is similar to mediation in most ways. A neutral arbitrator will hear your case, consider the evidence at hand, and render a judgement at the end of the arbitration process. Arbitrators are frequently retired legal professionals such as attorneys or judges, or may be a practicing attorney.

There are two primary differences between arbitration and mediation:

  1. Mediation is more geared towards a cooperative and communicative conflict resolution method, whereas arbitration is focused on finding a fair and reasonable resolution outside the courtroom
  2. Arbitration decisions may be binding unlike mediation. It is important to note that you may choose to enter into a non-binding arbitration, but that decision must be made ahead of time. Binding arbitrations are legally analogous to a courtroom judgement

What is Collaborative Divorce and What are the Benefits?

Collaborative divorce is a conflict resolution method which requires both parties to sign a written agreement stating their commitment to resolving their legal issues outside of court. Similar to mediation, the collaborative divorce process is focused on finding an equitable and mutually beneficial to your legal disputes. Collaborative divorce also is a great way to save time and money much like other forms of ADR.

However, collaborative divorce does not necessarily involve an impartial third party such as a mediator or arbitrator. Instead, your Morris County collaborative divorce attorneys will help you work out your legal issues through open and honest communication and an understanding of what is fair in your given circumstance.

Collaborative divorce also makes use of other non-legal professionals such as therapists, parenting experts, childcare specialists, and more. This approach is part of the collaborative mindset which is to say that both parties are treating one another with respect and empathy while reaching an amicable resolution. Many clients feel collaborative divorce is an attractive option due to its holistic approach to legal disputes.

Contact our Morristown Alternative Dispute Resolution Attorneys Today

At The Law Offices of Townsend, Tomaio & Newmark, our alternative dispute resolution attorneys take pride in offering several different methodologies for our Morris County clients from towns like Morristown, Chester, Harding, Morris Township, Chatham, Mendham, and across all of Northern New Jersey. Our experienced and qualified family lawyers will take the time to listen to your individual needs and concerns, to understand your unique priorities, and will use that information to deliver highly personalized legal solutions. We believe in offering white glove legal service while using our expansive professional network to get you the high quality results you need and deserve.

For more information on the mediation, arbitration, collaborative divorce, or any other ADR questions, please contact us online or through our Morristown, NJ offices by calling (973) 828-0829 today for a free and confidential consultation with a member of our legal team.

Fox News Host to Divorce After Workplace Affair

Fox News host Jesse Watters has been served divorce papers after entering into an adulterous relationship with a co-worker. Noelle Watters, Jesse’s wife, filed for divorce this past October after learning about the extramarital affair. Jesse Watters is a regular on Fox News on his own show Watters’ World and as a guest on The Spin Stops Here Tour 2017 alongside… Continue Reading

Tax Cuts and Jobs Act Impacts Alimony in New Jersey

Many New Jerseyans are already familiar with the 2017 Tax Cuts and Jobs Act signed into law by the Trump administration. Amongst the major changes which were made include alterations to individual income tax, estate tax, small business tax, corporate tax, and much more. What is less known and discussed is that the recent reforms also… Continue Reading

Divorce Legal Terms Worth Learning Before and During Your Divorce

For those going through divorce proceedings in New Jersey, the amount of legal jargon and new terms being thrown around the room can be daunting. Before stepping foot into a courtroom, a mediation, or your lawyer’s office, it can be useful to brush up on your legal terms. Today, our divorce and family law attorneys will be going over some common… Continue Reading

How Long Will My Divorce Take to Resolve?

Besides concerns over the potential cost of a divorce, many of our Morris County divorce clients also wish to gain a clearer understanding of how long their divorce will take to resolve. However, much like providing a cost estimate for your divorce, it can sometimes be difficult to gauge exactly how long the divorce process… Continue Reading

Understanding “Contested Divorce”

One of the most common misunderstandings our Morris County divorce clients have is when it comes to the term “contested divorce“. While its name often implies the idea of a difficult and embattled divorce, the truth of the matter is that contested divorces are very often not this way. So what exactly does the term… Continue Reading

The Benefits of Divorce Mediation for Children

As much as you, as a parent, want to provide a stable, healthy, and happy home for your children, many times an unhappy marriage can have the exact opposite affect. When one parent, or both, believe that it is for the best that the marriage end, it is important that those same parents are aware… Continue Reading

Dealing With Emotional Abuse from an Ex Spouse

For many individuals going through a divorce, one of the most difficult issues is dealing with and overcoming emotional abuse and/or harassment from their ex spouse. All divorces come about for a reason, and many times acrimonious separations are due to or can even result in a hostile relationship between exes. This can be particularly tricky… Continue Reading

How Does New Jersey Divorce Compare to Other States?

Divorce laws are largely controlled by state regulations. While most states adhere to certain high level standards for what is considered a legal divorce, the cost, waiting period, and associated child custody, alimony, child support considerations can all vary greatly from one state to the next. Today, our Morristown divorce lawyers will be discussing New Jersey divorce statutes,… Continue Reading

Types of Alimony in New Jersey

Alimony is a form of payment made from one ex spouse to another for a variety of considerations. Judges may factor in the length of a marriage, the education, earning capacity, and employability of both spouses, the age and health of each party, and more when determining the amount and type of alimony to be paid.… Continue Reading

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Morristown / Morris County Law Office

65 Madison Ave

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Morristown, NJ 07960

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