There are three main methods by which a NJ case case can be resolved. As will be discussed below, each method has its own pro’s and con’s andyou should be careful in selecting the approach that you will believe will work best for your case. It is important to realize that these various approaches are not mutually exclusive and can be used in combination. A skilled attorney should be competent in all available resolution techniques. Recognizing that each divorce case is unique, not all resolution methodologies work in each situation. If there is a Domestic Violence Restraining Order in place, your options may be limited.
Direct Negotiation
Many cases can be readily and properly resolved by direct negotiations between the parties and there attorneys. This approach affords the litigants the greatest level of control over the proceding and the ultimate outcome. However, it requires a high degree of cooperation between the parties. Sadly, this dynamic is often absent in divorce proceedings.
Alternate Dispute Resolution
If and when direct negotions break down, or are not feasible, there are two primary methods of Alternate Dispute Resolution (ADR). As with direct negotions, these paths require a high level of cooperation. The two main types of ADR are mediation and arbitration.
What is mediation?
Mediation is a voluntary process. There is the court adminstered custody and parenting time mediation and there is private mediation where the parties select a mediator who can review the facts, consider the legal arguments and help facilitate a settlement. The mediator works for both litigants and does not take sides. Any recommendations offered by the mediator are non-binding.
What is arbitration?
Arbitration is another ADR option. Unlike mediation, arbitration can result in a binding decision. In arbitration, the parties are giving the arbitrator judge-like authority over their case. Typically, the litigants and their attorneys will enter into an Arbitration Agreement that will define the issues to be addressed, the format of the proceedings. The determinations of the arbitrator are typcially binding on the litigants.
ADR can be a practical approach to resolving your divorce. It can also lead to frustration, delay and additional expense. Working with your attorney will allow you to selcet the resolution method best suited for your case.
