Divorce Arbitration is an alternate dispute resolution process where an arbitrator is selected to decide the case. The case is heard in a private setting before the arbitrator. This setting is called an arbitration hearing and is scheduled at a time and place convenient to all parties. It is one of the many processes our lawyers guide our clients through to settle disputes between divorcing parties when couples have reached an impasse or stalemate in their divorce negotiations, or wish to resolve the issues without going to court. It is often a viable path for high-net worth cases, high-profile individuals, or cases that involve complex financial scenarios.
Frequently Asked New Jersey Divorce Arbitration Questions
What is divorce arbitration?
It is the trial of a divorce action, but it is heard and decided by an Arbitrator, rather than a Judge in a Courtroom. Essentially, the Arbitrator is a retired Judge.
What are its benefits?
The benefits include a shorter time frame than traditional trials conducted in court and a more cost-effective expenditure of fees. The parties can schedule when and where the arbitration will take place, rather than when the trial Judge has availability to hear the matter. it is also a more continuous process, rather than a trial, which may take place one or two days per month, over several months. While arbitration can be full days and consecutive days.
What is the difference between divorce arbitration and divorce mediation?
In arbitration, the arbitrator makes a final decision. In mediation, the parties are assisted by the mediator in facilitating discussions and in reaching a resolution.
What is the difference between divorce arbitration and divorce litigation?
The divorce arbitration process is private and the time table is set by the parties. In a divorce litigation, the Court sets down scheduling Orders with deadlines for the parties to follow.
What is the process?
The parties will choose an Arbitrator, who is paid by one or both of the parties. Each party presents their case, and after completion, the arbitrator renders a decision. This decision is called an Arbitration Award.
How is a divorce arbitrator selected?
The parties and their attorneys will cooperate to choose and agree upon an arbitrator.
Where are divorce arbitrations held?
They are usually held at the office of the Arbitrator. They can alternatively be held at the office of one of the attorneys.
Is an arbitrator’s decision legally binding?
Yes, an Arbitration Award is binding.
Can the decision be appealed?
Yes, but only if the parties decide that an Arbitration Award may be appealed, then the decision may be appealed. The parties will also decide on the appeal process in their agreement.
How long will it take?
The process of divorce arbitration is speedier than a traditional divorce trial. Most take 30 to 45 days, but there is no absolute rule as every case is different.
How much it cost?
The cost is anticipated to be lower than a trial. The parties will pay their attorneys as well as the Arbitrator.