Mediating and Arbitrating Separation and Divorce Matters in New Jersey
Separation and divorce are often associated with high emotions and conflict. The traditional approach to resolving the various issues flowing from a divorce or separation, such as child custody, support and the division of property, can be stressful, time-consuming and adversarial. The Mediation and Arbitration Group at Einhorn Harris helps clients who are in the midst of divorcing or separating settle their disputes privately, outside of the formal litigation process. We work as neutral mediators, helping families define their issues and craft reasonable resolutions based upon everyone’s best interests.
Explaining Arbitration and Mediation
Arbitration and mediation are two different types of alternative dispute resolution (ADR) and serve as ancillary options to litigation. Each technique utilizes a neutral third party to assist the parties in resolving their disputes outside of court. Although similar, there are differences between the two. For example, in mediation, the mediator’s role is to aid the parties in attempting to obtain a mutually acceptable settlement. An arbitrator, on the other hand, is specifically charged with making decisions a judge otherwise would make. A mediator is a facilitator whereas an arbitrator is a decision maker.
Arbitration can be binding or non-binding. This means that parties submitting to non-binding arbitration, have the right to reject the arbitration award and let the court determine the ultimate resolution of their matter. If parties choose binding arbitration, the decision is binding on both parties, and, therefore, the parties waive their right to a trial before a judge.
Mediation is generally a non-binding form of alternative dispute resolute that allows the parties and/or their respective counsel to work together to resolve issues in a manner acceptable to all parties involved. If the parties come to an agreement at the conclusion of the mediation, the mediator drafts a Memorandum of Understanding that memorializes the terms of the parties’ agreement. One of the parties’ lawyers will draft a Settlement Agreement reflecting the terms of the Memorandum of Understanding, which will be incorporated into the parties’ Final Judgment.
Regardless of whether mediation or arbitration is selected, each form of alternative dispute resolution offers an acceptable way to resolve your marital differences in a manner that may be more efficient and less costly than litigation.
Mediation and Arbitration Can Ease the Divorce Process
There are a wide variety of conflicts and disputes that can surface when a marriage ends. Our New Jersey mediation and arbitration lawyers are well versed in all issues that are likely to impact your divorce. Whether the controversy involves the custody of minor children, visitation rights, alimony, the division of assets and liabilities or any other matter, we have the knowledge and experience to you help you reach a reasonable resolution to your dispute.
At Einhorn Harris, we recognize that going through a divorce is challenging enough and want to make the process as easy as possible for you. Our firm’s interdisciplinary practice approach ensures that you will have access to the legal representation you need, regardless of how complex your situation may be. In addition to our family law attorneys, our practice group includes lawyers throughout our firm who can help you navigate, mediate and arbitrate complicated business, tax, estate and trust, real estate and other legal matters associated with your divorce.
Contact a New Jersey Family Lawyer to Learn Your Mediation and Arbitration Options
If you would like to learn more about the mediation and arbitration services provided at Einhorn Harris or need legal representation in connection with a divorce or separation matter, we encourage you to contact our law firm today. You can reach our New Jersey mediation and arbitration lawyers at 973-627-7300.
Family Law Blog
- The New Jersey Divorce Process – Part I
- Do You Want To Change Your Name? Pay Attention To The Details For Success.
- States Take Action To Protect Children From Forced Marriages
- Legal Separation In New Jersey
- Issues That Must Be Considered In A Divorce With A Special Needs Child
- 10 Things You Should Tell Your Divorce Attorney
- Gestational Carrier Agreements Are Now Legal In The State Of New Jersey
- Fact/Fiction In Divorce
- New Laws On Cyber-Harassment
- Cyber Bullying
- Don’t Trust Your Divorce To A ‘Robot’
- Where Are The Grandparents? Raising Their Grandchildren!
- Don’t Let Your Kid Go Off To College Without These Important Documents
- Biology Alone Doesn’t Always Define A Parent
- Alimony Is Not Forever, So Plan Ahead
- There Is Still No Bright-Line Rule To Defining Emancipation
- The O’Reilly Divorce, And The “Factors” Behind Sealing Case Information
- A Groundbreaking Decision Regarding Common-Law Marriage
- What Triggers The Right To A Protective Order?
- Mississippi Domestic Abuse Bill Fails
- Do You Think Enough Time Has Passed And You Want To Review Your Custody Agreement? It May Not Be So Easy To Do
- “Honey, Here Is An Agreement For You To Sign And, If You Do, Then I Will Stay Married To You. Sound Fair Or Not?”
- Will I Have To Pay For College Expenses For My Children Or Not?
- Do I Have To Pay Child Support While My Children Are In College? Maybe.
- What Is A Family? The Legal Definition Of A Family Has Changed.
- Do You Want A Private Divorce Like Brad Pitt And Angelina Jolie? Maybe You Can Have One And Maybe You Can’t.
- “Happy Valentine’s Day! Will You Marry Me? And By The Way, Here Is A Prenuptial Agreement To Sign.” Isn’t That Romantic?
- Parents Who Agreed to Emancipate Estranged Daughter Are Entitled To A Hearing After Trial Court “Unemancipates” And Requires College Contribution
- Who Gets The Tickets In The Divorce?
- Cyber-Harassment Added To The Domestic Violence Statute
- Assets “Earned” During A Pre-Marriage Cohabitation Are NOT Subject To Equitable Distribution — But They May Be Distributed Anyway.
- Where Are The Grandparents? Raising Their Grandchildren!
- Divorce vs ‘Divorce From Bed And Board’: Could Nancy O’Dell Obtain A Legal Separation In New Jersey?
- How To Avoid The Hazardous Effects Of Social Media On Divorce
- You Want My Engagement Ring? It’s Mine! No, It’s Mine!
- Angelina Jolie And Brad Pitt’s Battle For Custody
- What Was Brad Pitt’s “Safety Plan” And Why Did He Have One?
- Who Gets The World Series Tickets In The Divorce?
- Your Divorce Will Not Look Like That Of Brad Pitt And Angelina Jolie
- Will Tom Cruise Ever See Suri Again?
- Lombardi v. Lombardi: Alimony Awards Should Include A Savings Component For the Formerly Frugal Family
- Divorce Season?
- No Fault Divorce – What Does It Mean?
- Custody Wars – Judicial Tactics
- Divorce Is Traumatic – Don’t Get Caught Unprepared
- Is My Marital Agreement Enforceable?
- A Possible New Avenue Of Relief For Victims of Assault By Non-Family Members
- It’s Not Binding If It Is Not In Writing
- Which Court Decides Custody And Parenting Time Disputes When Parents Live In Separate Countries?
- Domestic Violence Can Happen To Anyone