NJ Arbitration and Family Law and Divorce in New Jersey
Rules changes were adopted as of September 1, 2016, for alternate dispute resolution and complimentary dispute resolution. Collaborative divorce, mediation, and arbitration all have elements of alternative dispute resolution and complimentary dispute resolution. In the divorce process there is mediation for child custody and parenting time and economic mediation, there is also the Early Settlement Panel. At Early Settlement Panel, in a New Jersey Divorce, parties meet with a panel of two attorneys that review their settlement offers and generally tell the parties what a Court would likely do with that case in terms of a decision after a trial.
Arbitration requires that an arbitrator makes a decision that is generally binding. Whereas mediation, a mediator tries to get parties to agree to terms that are not binding on the parties. You can arbitrate in New Jersey without a filed case, generally, you have a filed case and you have completed your discovery before arbitration. Arbitration gives parties a chance to resolve their case much quicker than through the Court system.
If parties wish to go to arbitration, for instance, because they know it will take a long time to get to trial with a Judge in a Court, they may sign a consent order and may then go to arbitration, under Rule 5:38, they are put on the arbitration track for up to one year and it may be expanded, it allows for arbitration after discovery is completed or even before that as well. Call Green & Associates at 732-390-0480 or 201-242-1119 for a free consultation regarding taking your case to arbitration for divorce, our NJ divorce lawyer will be happy to speak to you about it.