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Mediation and arbitration are two methods of resolving disputes involving family law issues. Below is a summary of these two forms of dispute resolution in New Jersey, which can be utilized before, or instead of having to go to trial. There are some differences between the two—which will help you determine which provides a greater comfort level for you personally. Bozanian McGregor LLC can guide you in this area if you need help deciding which route to go if you are in the midst of marital difficulties.
Mediation in New Jersey Family Law: What You Need to Know
Mediation in New Jersey family law cases is a process in which a neutral third party, called a mediator, helps facilitate communication and negotiation between divorcing or separated couples. The goal is to assist the parties in reaching mutually acceptable agreements regarding various aspects of their separation or divorce. This is also especially useful when it comes to high-net-worth couples.
Key Features of Mediation in New Jersey Family Law
Here are some key points to understand about mediation in New Jersey family law cases:
- It is a Voluntary Process
- There Is a Neutral Mediator
- Mediator Qualifications
- Confidentiality
- Informed Decision-Making
- Focus on Children’s Best Interests
- Potential for Binding Agreements
- Cost and Time Efficiency
Court-Mandated Mediation Requirements
Mediation as a Requirement: In certain situations, New Jersey courts may require parties to engage in mediation before proceeding with litigation, particularly when child custody and visitation matters are involved.
Limitations of Mediation
Note that mediation can be a helpful tool in resolving family law disputes, but it may not be suitable for all cases, especially those involving domestic violence or situations where there is a significant power imbalance between the parties. In such cases, alternative dispute resolution methods or court intervention may be more appropriate.
Arbitration in New Jersey Family Law: An Alternative to Mediation
One such alternative dispute resolution that can be utilized In New Jersey family law issues is arbitration. Arbitration can be used to resolve a wide range of disputes, including child custody, division of marital property, alimony, and child support. New Jersey follows the New Jersey Arbitration Act, which lays out the general legal framework for arbitration in the state. (N.J.S.A. 2A:23B-1 to -32).
Key Elements of Arbitration in New Jersey Family Law
Here are some key elements of the arbitration process in New Jersey family law cases that illustrate some similarities to, but also the differences from, mediation:
- Voluntary Agreement
- Choosing the Arbitrator
- It is an Informal Process
- Confidentiality
- Binding Decisions Made by Arbitrator
Keeping Updated: Importance of Legal Consultation
Since the law is continuously changing, it is important to consult with a qualified family law attorney in New Jersey who is up-to-date on the latest developments in family law and arbitration. The law firm of Bozanian McGregor can help you navigate your family issues to determine which legal route would best suit your individualized needs, as well as those of your family.