It seems that everywhere you look today there is conflict; politics, the COVID vaccine, in person schooling, etc. One area that does not have to be high conflict is divorce. Yes, I said divorce. Your friends may have been divorced in a courtroom among high powered attorneys arguing over every aspect of your life. It doesn’t have to be that way. There are alternatives to the traditional divorce process that can be inexpensive, less time consuming and beneficial to your children.
Alternatives to divorce litigation usually work best for people who want to save money or resolve their divorce-related issues quickly or with low conflict. Therefore, if yours is a high-conflict situation, alternative dispute resolution (ADR) might not be the way to go. However, before concluding that ADR won’t work for you, consult a qualified divorce attorney at NJ Divorce Solutions where we have Certified Matrimonial Law attorneys who can guide you through the process.
The most popular method of ADR is mediation which involves settling your divorce issues with the help of a qualified neutral third party known as a mediator. A mediator does not represent either spouse and may or may not be a lawyer. A mediator does not advise you on the law but helps you come to an agreement that works for both parties. A mediator won't make the final decisions for you. Instead, a mediator will skillfully help you and your spouse identify your issues and make informed decisions. You can hire a lawyer to attend mediation with you or, more commonly, attend mediation without a lawyer and then bring the agreement to a lawyer to review. At NJ Divorce Solutions we have attorneys who can fill the role of mediator or review your agreement and advise you after you attend mediation.
Collaborative divorce, unlike mediation, does not involve a neutral third party. With collaborative divorce, divorcing individuals work together to resolve their divorce-related issues through negotiations with their lawyers' help. In collaborative divorce, each spouse has his or her own attorney and other professionals, such as realtors or accountants, are brought into the mix to assist the parties in reaching an agreement.
Arbitration is similar to mediation, in that, just like with mediation, couples work with a neutral third party known as an arbitrator. However, in arbitration, an arbitrator makes the decisions. This particular characteristic of arbitration makes this form of ADR more like a divorce trial that is held outside the courtroom. Ahead of arbitration, both parties agree to be bound by the Arbitrator’s decision so that if one person does not like the arbitrator’s decision, he or she cannot immediately run to court
Arbitration may be a good option for you if mediation or collaborative divorce did not work and you still want to save money. Arbitration offers more flexibility than the litigation process.
We provide mediation services at NJ Divorce Solutions. If you’re interested in learning more about us to see if we can help you, schedule a Client Vision Meeting here.