Arbitration in Family Law Disputes
The Alternative Dispute Resolution (ADR) method of arbitration is quickly becoming a very popular way to resolve not only divorces and their related issues of child custody, child support, alimony, and marital asset division, but also to resolve almost any other family law dispute as well.
When it comes to ADR methods, arbitration stands out as a way for couples to still have a trial-type setting, without actually having to go to trial. This can appeal to couples who feel that mediation or collaboration may not necessarily work for them, but still want to take advantage of the many benefits Alternative Dispute Resolution methods have to offer.
But what exactly is arbitration, when can it be used, and is it right for you when it comes to resolving your family law dispute? Let’s take a look.
What Is Arbitration? Morris County Arbitration Lawyers
Arbitration generally involves the two parties involved in a family law dispute hiring a third-party arbitrator to act as a judge in their matter. This third-party is often a retired judge, or an attorney experienced and trained as an arbitrator.
The parties can also choose to retain separate legal counsel just as they would if they were to take their family law dispute to trial, or choose to remain unrepresented. Additionally, the parties can also choose to enter into non-binding arbitration (if either party disagrees with the arbitrator’s final ruling, they can choose to take their matter to court instead), or binding arbitration (the parties choose to accept the final decisions of the arbitrator as legally binding and enforceable).
Arbitration has many of the same benefits as other ADR methods like mediation or collaboration, those being an often greatly reduced timeline, the fact that the matter is kept private outside of the public court system, and that the process tends to be much more informal as a result.
When Can Arbitration Be Used to Resolve a Family Law Issue?
Beyond being a very viable method for couples to resolve their divorce, arbitration can also be used to resolve a host of other family law disputes. Post-divorce modification issues like:
can all be resolved through the arbitration process. However, for issues such as enforcing a divorce order, or any kind of domestic violence or restraining order issue, individuals will still need to go through the public court system rather than pursuing arbitration as those issues require a much more formal review, and the authorities and discretions given to a family court judge.
Is Arbitration Right for Me? Morristown Arbitration Lawyers
As previously noted, arbitration is generally pursued when the parties do not feel that the more communicative, compromise-oriented, and thustly difficult processes of mediation or collaboration is right for them. If instead, you wish for a third-party to rule on your family law dispute, but wish to take advantage of the many benefits ADR methods and arbitration can offer, then you should speak with our Morris County arbitration attorneys regarding your options, how we can help you, and your best steps moving forward.
Contact Our Morris County Arbitration Attorneys Today
At The Law Office of Townsend, Tomaio & Newmark, our attorneys have extensive experience both acting as neutral third-party arbitrators as well as representing clients individually during the arbitration process in towns across New Jersey and Morris County, including Chester, Chatham, Mendham, Harding, Morris Township, and Morristown.
By practicing exclusively family and divorce law, our firm can focus on providing each of our clients with the knowledgeable, effective, and attentive legal counsel that they need and deserve when it comes to matters so critical to their legal, financial, and familial futures.
To speak with our legal team today in a free and confidential consultation regarding any type of family law issue or concern you may have, whether or not arbitration may be right for you, and how exactly our attorneys can help you to resolve your matter, please contact us online, or through our Morristown, NJ office at (973) 828-0829.