People who are divorcing often wonder what the difference is between mediation and arbitration, and which might be right for them. There are both differences and similarities between the two. For example, in mediation, you and your spouse make decisions on the issues yourselves; in arbitration, you present and argue your respective cases like you would a regular trial before an arbitrator who decides the issues for you. When it comes to similarities, both mediation and arbitration are alternative dispute resolution processes that help people resolve divorce issues in a less formal and often less expensive way than they would at trial.
A New Jersey Attorney Can Help You Understand Your Divorce Options
Your divorce situation is unique from every other couple out there, and your reasons for choosing mediation or arbitration are individual to you. Some marital relationships may not lend themselves to either mediation or arbitration but can only be resolved through litigation in a traditional courtroom setting. In any circumstance, a New Jersey divorce lawyer can help you determine what the right path forward to divorce may be for you.
MEDIATION CAN HELP DIVORCING SPOUSES COME TO AGREEMENT ON ISSUES
Some couples can agree on the issues of divorce between themselves, perhaps with the help of their attorneys, and reach a settlement. Other couples may be too far apart on a few issues for this to happen. In these situations, hiring a mediator may be an option to discuss those items you and your spouse just can’t agree upon, as long as both parties are on board with this method and agree to take it seriously. If there is very high conflict between divorcing parties or domestic violence has been a concern, mediation is probably not a good idea and would not be that productive or yield a positive result in any event.
What Do Mediators Do?
A mediator is a neutral third party whose job is to help the two sides resolve disputes and reach agreement in divorce. Mediators may be attorneys, forensic accountants, psychologists, religious leaders, or other parties with training in mediation. Their only agenda in a divorce case is to get a settlement between the parties. They do not make decisions for you, rather they guide parties toward agreement. And they also can’t give legal advice, which is why it’s so important that you have an attorney in your corner to advise you in the legal aspects of ending your marriage.
When the mediation process is utilized correctly, the mission is to come out with a tentative settlement on all the issues and avoid trial. It is at that time when your case turns from contested to uncontested, and you all can proceed with a divorce on uncontested status. uncontested divorce. In contested divorce cases going to court and the Judge for resolution, judges may order the parties to attend mediation to try and resolve their issues before setting a trial date anyhow.
What Happens in Mediation?
You and your spouse meet with the mediator in one or several sessions. How many meetings it takes depends on how far apart you are on divorce related issues. You discuss the issues where you disagree and the mediator helps you explore possible solutions to reach compromise.
. The mediator can draft a document that captures your agreement if mediation is successful or your attorneys can do it if the mediator does it, every mediator has an obligation to tell you to take the tentative agreement and have an attorney review it. Either way, once you and your spouse sign this document, the agreement becomes legally binding after the court reviews and approves it.
ARBITRATION IS A LESS FORMAL PROCESS THAN GOING TO DIVORCE COURT
Mediation does not always work. When it doesn’t, arbitration may be the next best choice. If you did not go through mediation at all, you can still choose arbitration over going to trial if it makes sense for your situation. Or if you agreed on some issues in mediation, but not all of them, you may wish to bring the unresolved disputes to arbitration rather than to court.
Who Are Arbitrators?
Like mediators, divorce arbitrators are neutral third parties. They are not on the side of either you or your spouse. Divorce arbitrators in New Jersey are attorneys with at least 10 years of experience—they are typically family law attorneys or retired judges. The key takeaway here is that they act just like a trial court judge would that you get assigned by the Court at random with Arbitration proceedings, you and your spouse choose the arbitrator you wish to decide your divorce case. Your respective attorneys can help you in finding an arbitrator. Unlike in mediation, arbitrators do decide the issues for you after you have both presented your sides. As stated above, in that way, arbitration is more like a traditional courtroom trial with opening statements, presentation of evidence, and arguments from both sides. But unlike a formal courtroom setting, arbitration usually takes place in the arbitrator’s office or meeting room. You, your spouse, your respective attorneys, and the arbitrator will be present and, like mediation, arbitration proceedings are confidential.
Arbitration Decisions
Once closing arguments have concluded, the arbitrator will inform you of the date to come back for their decision. Although the court reviews arbitrator decisions, decisions are binding and some have a right to appeal. You can see the difference between mediation and going to arbitration. While you have more control of the process as far as choosing your mediator or arbitrator and determining what issues you want them to resolve, you do not control the outcome as you do in mediation.
CALL AN EFFECTIVE NEW JERSEY DIVORCE LAWYER FOR HELP
Divorce is a confusing and difficult time for most people. Even if you desperately want out of your marriage, you are still not likely to be looking forward to the steps of ending your marriage and possible contention and disputes with your spouse along the way. Through mediation and/or arbitration, you could potentially ease the process.
So, if you are you wondering if a mediated or arbitrated divorce is right for you and your spouse, speak with an experienced divorce attorney in New Jersey. At [MFR] Men’s & Fathers’ Rights Divorce Lawyers, our attorneys have decades of experience helping clients more positively navigate the process of ending their marriages.
Reach out to us to schedule a time to talk with us and get answers to your questions about how mediation or arbitration may be beneficial to your goals in divorce. Call (201) 880-9770 or contact us online.
