If you are looking for a low conflict way of getting divorced, negotiating child custody, or sorting out other family law matters, Alternative Dispute Resolution (ADR) could be for you. ADR refers to the process of settling disputes outside of the courtroom. ADR arose as a way for disputing parties to lessen the costs of litigation and speed up the resolution process. While there are many different types of alternative dispute resolution in the State of New Jersey, the three most common types are:
- Negotiation – New Jersey negotiation is often the leading method of dispute resolution, and it allows all parties involved to meet and quickly reach an amicable agreement. Through effective negotiation, you and your spouse can remain in full control of your divorce process and decide, for yourselves, important issues such as alimony, child custody, child support and division of assets and debts.
- Mediation – divorce mediation seeks to achieve a peaceful resolution to divorce conflicts. Unlike traditional litigation, family law mediation in New Jersey involves the use of qualified mediators to help reach an amicable settlement. The mediator uses skillful negotiating methods to help facilitate an agreement between spouses.
- Collaborative Divorce – Low-conflict collaborative divorce approaches conflict resolution from a healing perspective. Divorcing spouses who wish to use this method form a collaborative “team,” consisting of their specially trained collaborative divorce attorneys, and other appropriate professionals such as financial advisors and child custody specialists. All members of the team are pledged to work together cooperatively to maximize positive results for both parties and their children.
- Arbitration – Arbitration is similar to a trial because testimony is taken, although the rules of evidence are simplified. In New Jersey, arbitration is decided by an arbitrator upon whom both sides have agreed. The final decision, unlike in family law mediation, remains with the arbitrator and both parties agree to be bound by the decision. Although arbitration does limit your control during a divorce, it can be a preferable and less costly solution for divorcing couples who have failed to reach an amicable agreement through negotiation.
Benefits of a New Jersey Alternative Dispute Resolution
Unlike traditional litigation, ADR allows you and your spouse to present your own ideas for a fair resolution, and seek creative solutions to your problems. Alternative dispute resolution methods may offer many benefits, including:
- Control throughout the process by both parties
- Lower costs
- Less complex than a traditional litigation
- Quicker and more efficient resolution and settlements
- Creative solutions specifically tailored to couple’s needs
- Preservation of relationships through amicable negotiation
- Less emotionally taxing than traditional litigation
- Cooperation that establishes positive co-parenting
New Jersey Alternative Dispute Resolution Attorneys
Our alternative dispute resolution attorneys will help you explore all of the low conflict methods that are available to you. Seeking divorce through traditional litigation is not always in your best interest; therefore, you need a divorce lawyer who can help you decide if an alternative dispute resolution is best for you and your family. Through alternative dispute resolution, relationships and assets can be preserved and the possibility of reconciliation explored. If reconciliation is a possibility, the family law mediators at Weinberger Divorce & Family Law Group can connect you with a marriage counselor.
Are you looking for a low conflict divorce or to calmly arrange your child custody or other family law matter? Talk to us. Schedule a free initial consultation with an attorney: (888) 888-0919.