Mediation, Arbitration, & Collaborative Divorce
Alternative 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 mediation, arbitration, 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:
- 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
- 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) 840-8970 today for a free and confidential consultation with a member of our legal team.