How Does Arbitration Work in Family Law?

How Arbitration Works in Family Law

The uncertainty that comes with emotional  and financial stress are commonly faced by parents and spouses dealing with divorce, custody, alimony or child support issues. Family law issues settled by the court can also be costly, time consuming and result in a public airing of a couple’s finances, or the intimate details of a private marriage. 

Alternative dispute resolution, including mediation and arbitration, can allow couples to privately settle disagreements in a more timely and cost-effective manner. Since 2006, this has been encouraged by New Jersey family law courts, with each party in a divorce proceeding being required to submit proof they have been informed such alternative means of resolution are available as an alternative to litigation. 

Our Red Bank divorce arbitration attorneys believe each case is unique. While every case may not be a good candidate for alternative dispute resolution, many couples can reach agreement without a prolonged court battle. Because family law is our sole focus at Dwyer, Bachman, Newman & Solop, we have the knowledge and experience to choose the best options for your situation. 

Alternative Dispute  Resolution – Divorce In New Jersey

Too often, couples think using mediation or arbitration means settling for less than they deserve. Nothing could be further from the truth. These alternative means of dispute resolution offer many advantages: Typically they are faster and less costly. But perhaps most importantly, they give clients more control over the process, rather than leaving the decisions in the hands of a judge. 

Nor do they mean you will not have access to qualified legal help. Our Red Bank family law attorneys believe even an amicable separation is best finalized with the help of an experienced law firm. There is simply too much at stake, and too many issues of which a typical couple may not even be aware, including the impact on retirement plans, pensions, and Social Security benefits. 

Another misconception is that alternative dispute resolution only works for couples who already agree on the key issues. Our veteran divorce attorneys know couples rarely agree on all of the issues or they would not be separating! Nor does consulting an experienced law firm add unnecessary drama or delay. In fact, an experienced law firm will help take the emotion out of the equation and should always work toward the most expeditious resolution of all issues, provided those solutions are in the best interest of a client. 

There are key differences between mediation and arbitration:

  • Mediation is generally a non-binding form of alternative dispute resolution that seeks to reach agreements on key issues that are acceptable to all parties. 
  • Arbitration can be binding or non-binding. Couples that choose non-binding arbitration can still proceed to court to resolve differences. Those that choose binding arbitration, waive their right to a trial before a judge. In either case, an arbitrator will act as a professional, neutral third-party, and will arrive at a decision after hearing from all parties. 

Choosing a family law firm in Monmouth County with the knowledge and experience to guide you through the process, while protecting your rights every step of the way, offers the best chance for beginning your new life on your terms. We represent clients throughout Monmouth County and the surrounding areas, including Red Bank, Fair Haven, Little Silver, Middletown Township, Shrewsbury and Tinton Falls.

If you are dealing with divorce, custody or support issues, contact Dwyer, Bachman, Newman & Solop today for a free and confidential consultation to discuss your rights. Call 732-863-2463.

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