The benefits of alternative dispute resolution in New Jersey
There are alternatives to litigation — we can help
First used in the United States to resolve labor disputes, methods of alternative dispute resolution (ADR) are now used routinely throughout the business and legal realm. In family law, ADR is a set of methods for people encountering family law issues that may have fewer emotional and financial costs. Family law has developed over the years as well; the necessity of proving the fault of another party to end a marriage has given way to no-fault divorce in all 50 states.
Jacobs Berger, LLC, has found that negotiation, mediation and arbitration provide spouses the opportunity to address their family law disputes with less hostility and achieve custom-tailored results.
Is divorce mediation or arbitration right for you?
Before no-fault became the norm, divorce and other family law litigation were associated with drawn-out court battles that yield a winner, a loser and mounting expenses. Now, if you and the other party can work together and pursue ADR, divorce mediation can resolve custody, spousal support, property division and parenting time issues, among others. Our experience has shown that knowing the options available is important:
- Negotiation. Whether or not you have an attorney, negotiation is the process of working out a solution between two parties — you and the other party — without a neutral party in the middle. It is best to present your agreements to legal counsel for an assessment of your agreements and counsel as to the validity of those choices within the laws of New Jersey.
- Mediation. This form of ADR, the most common in family law situations, uses a neutral third-party mediator in an informal, confidential setting to help you and your spouse work through necessary issues, facilitating discussion and helping to reach resolution.
- Arbitration. In an arbitration, a neutral arbitrator is agreed upon by both parties. Each party presents facts to the arbitrator who makes a decision in the case. This decision is binding except in very limited circumstances. Within the past few years, the courts have determined that family law litigants can arbitrate most issues, including custody and parenting time, making this a new and viable option for clients.
For some, the highly structured but unpredictable process of litigation is the only option. Regardless of what works best, you can always rely on Jacobs Berger, LLC, to connect with your unique dynamics and fight as hard as we can for your best interests.
If you are considering the best alternative for your situation, and if the other party is willing, thinking beyond litigation can allow us to help you and your family get a good start on the future.
Thinking about mediation? Call Jacobs Berger, LLC
Serving clients and their families throughout central and northern New Jersey, we have the knowledge and skill to help you meet the challenges and move forward.