Like the 76ers, Divorcing Couples Can “Trust the Process” by Controlling the Process
Divorce arbitration is the way for divorcing couples to move on with their lives quickly, quietly, kindly, conveniently, and in a child-centered way! While much has been written about the advantages of alternative dispute resolution procedures including, but not limited to, mediation and/or collaborative divorces, the option of arbitration is, in certain cases, arguably the […]
Divorce arbitration is the way for divorcing couples to move on with their lives quickly, quietly, kindly, conveniently, and in a child-centered way!
While much has been written about the advantages of alternative dispute resolution procedures including, but not limited to, mediation and/or collaborative divorces, the option of arbitration is, in certain cases, arguably the best way to go.
When parties are, for whatever reason, unable to resolve their differences in the context of mediation, that does not mean they must “fight it out in court” after hiring expensive attorneys, engaging in discovery, involving their children, and/or otherwise spending money that could otherwise be utilized by both the parties and their children after their divorce.
The parties could avoid all of the above and get divorced much faster and in a much more confidential environment by simply submitting their disputes to a private arbitrator who conducts hearings around each parties’ schedules and who, like a Superior Court Judge would do if the matter were litigated in Court, can render the decision to be incorporated into the parties Final Judgment of Divorce.
The arbitration alternative permits the parties the opportunity to “shop around” for an experienced matrimonial practitioner who the parties hire to “get it done!” That’s why arbitrations generally can be started and finished long before your typical litigation involving the same parties and same legal issues would take if the matter were litigated. While one downside to arbitration as an alternative is arguably the costs of retaining an experienced matrimonial arbitrator, private arbitrators are paid for their services by the litigants themselves while matrimonial Judges are paid by the State of New Jersey. You do “get what you pay for.” Matrimonial judges may or may not be as experienced as the retained arbitrator and, in all instances, will have many more pending matters to address that the privately retained arbitrator does. The arbitrator can provide more time and attention to what is arguably the most important disputes both of the parties will ever be involved with, especially when there are custody and/or parenting issues, special education issues, complex valuation issues, domestic violence issues, tax issues, alimony and/or child support to be paid from one party to the other.
Why not get the best decision maker available when addressing the most important aspects of a family break-up? Why not get it all done faster, on evenings, weekends, by the end of the summer and/or as otherwise scheduled by the parties, and without anyone other than the two litigants and retained arbitrator’s knowledge and/or involvement? Why not get divorced quietly, quickly, kindly, conveniently, and in the child-centered way?
For all these reasons; and especially now that our New Jersey Court Rules are being amended to recognize an “arbitration track” whereby New Jersey couples can opt out of litigating their divorces the “same old way”, we here at Davis & Mendelson are hopeful that, like mediation, the arbitration alternative will increasingly be considered as a viable alternative to litigation. Our attorneys have served as both mediators and arbitrators and have represented our own clients in both arbitrations and mediations. We believe in these alternative dispute resolution procedures and, as such, anyone interested in potentially arbitrating and/or mediating their divorce should call to schedule a free consultation with one of our attorneys to discuss same.