When going through the divorce process or any other family law dispute, it is important to understand that there are alternatives to courtroom-based resolutions. Alternative Dispute Resolution (ADR) methods such as mediation, collaboration, and arbitration can all be viable and effective ways of resolving any family law issue. These methods offer several distinct benefits over more traditional litigation methods.
Each ADR method has its own advantages, disadvantages, and processes. We have already discussed mediation and collaboration at length, and you can view any of our related pages for more information on these divorce alternatives. The focus of this page is on the arbitration process, how it works, and how it can help you resolve your family law matters. Read on and contact our skilled Morris County family law arbitration attorneys to learn more.
Arbitration Attorneys | Representing Clients in Morris County & Throughout NJ
Any time you are resolving the life-changing and complex issues that come with divorce, it is highly recommended that you work with an experienced family law attorney. This helps you better understand your rights and options while protecting your family’s legal and financial future.
At Townsend, Tomaio, Newmark & Clancy, our attorneys have extensive experience acting as divorce arbitrators as well as independent legal counsel during the arbitration process for clients across Morris County and Northern New Jersey. Our firm is dedicated to providing highly attentive and effective counsel in all manner of situations, including:
- Arbitration
- Mediation
- Collaboration
- Negotiation
- Litigation
Call our firm today at (973) 840-8970 to discuss your individual needs and concerns. We can help you resolve everything from child custody and child support to the division of assets and alimony in a free and confidential consultation.
How Does Arbitration Work?
Like any ADR method, arbitration takes place outside of the public court system, meaning it is much more private and often less time-consuming than a traditional court matter. However, it is the most similar of the ADR methods to courtroom resolutions. In arbitration, a neutral third-party “arbitrator” is chosen to act as a judge and issue a final ruling on whatever matter is being decided.
This method appeals to those who feel they cannot reach fair resolutions through compromise but still want to take advantage of ADR benefits. Participants can choose to retain independent legal counsel or proceed without representation. Our Morris County firm has the knowledge and certifications to act as a judge arbitrator or provide you with individual legal counsel during the process.
Binding vs. Non-Binding Arbitration
It is important to understand that there are two distinct types of arbitration in New Jersey: binding arbitration and non-binding arbitration.
- Binding Arbitration: Any decisions reached by the judge arbitrator are enforceable and legally binding. Decisions cannot be immediately appealed solely for being unsatisfactory. To change the outcome, a family law appeal must be filed, proving circumstances have changed or the proceedings were unfair or illegal. This is a great option for resolving disputes quickly.
- Non-Binding Arbitration: Either party is free to disagree with the decisions reached and take their matter to the family court system. However, since arbitrators are typically retired judges or experienced attorneys, the results are generally in line with what can be expected in family court.
Arbitration vs. Mediation vs. Litigation
Arbitration offers unique benefits over traditional courtroom resolutions and mediation. In particular, it is often chosen for its:
- Low Relative Cost: Arbitration often has a lower cost due to the limited time required from legal counsel and the arbitrator. Particularly with binding arbitration, this is often the most inexpensive option for a fair resolution.
- Fast and Efficient Conflict Resolution: While negotiations in other methods can last months, arbitration seeks to streamline the process and offer a fair settlement without the emotional back-and-forth between distressed parties.
- Confidentiality: Court decisions and case details are public records. By settling via arbitration, your personal information and case details remain private and confidential.
- Final Solutions for Deadlocks: Sometimes well-meaning spouses simply cannot come to an amicable resolution on their own. Arbitration efficiently and effectively solves this problem.
If you and your spouse wish to avoid months of negotiations but still want ADR benefits, arbitration is a viable method. However, if you are willing to work together to reach your own resolutions, mediation may be the better option.
Contact Our Morristown Arbitration Attorneys Today
At The Law Office of Townsend, Tomaio, Newmark & Clancy, we have over 75 years of combined experience serving clients in New Jersey. By practicing exclusively family law, we focus on the issues most important to you and your family.
To speak with a member of our family law team in a free and confidential consultation regarding your divorce or arbitration options, please contact us online, or through our Morris County office today at (973) 840-8970.
