Alternative Dispute Resolution
Finding Effective Solutions for Families
Originally developed to help solve labor disputes, the benefits of Alternative Dispute Resolution quickly became apparent to attorneys involved in businesses and family law alike. Especially in the area of family law, ADR has proven to be an effective method for resolving divorce and family law issues while simultaneously helping clients to avoid the stress, and cost, of traditional courtroom-based litigation.
In particular, our attorneys at Jacobs Berger have found that negotiation, mediation, and arbitration provide spouses the opportunity to address their family law disputes with less hostility, and achieve custom-tailored results. While a judge may rule fairly, they may not take into account your unique situation, needs, and concerns when making their ruling. Through Alternative Dispute Resolution methods like Mediation and Arbitration, our firm can not only achieve fair resolutions for you, but resolutions which take your unique needs, and the needs of your family, into account.
Contact our firm today to discuss your options for resolving your family law dispute through ADR in a comprehensive and confidential case assessment.
The Benefits of Alternative Dispute Resolution in a Family Law Dispute
Alternative Dispute Resolution methods are more and more becoming standard ways for families to resolve their divorce, and related issues of child custody, child support, spousal support, and division of assets and debt. This is for good reason, as ADR methods such as mediation and arbitration have very distinct benefits over traditional courtroom-based litigation. These benefits include:
- Reduced Stress and Hostility – As the goal of any ADR method is to have the parties involved communicate and work together to meet their own resolutions, ADR methods are generally much less stressful and contentious. ADR encourages collaboration, and while the parties may not always agree on every issue, they at least agree that they are willing to work together to find a solution.
- Increased Privacy – As ADR keeps whatever issue is being decided out of the public court system, only the parties involved and their ADR attorneys are privy to whatever issues or details are discussed. On the other hand, in a courtroom decision, a public record is kept of anything discussed or decided, accessible by anyone interested in the details.
- Reduced Cost – Unfortunately, many attorneys who represent clients in courtroom-based decisions over-litigate issues in an effort to collect greater fees rather than finding middle-ground solutions. As the goal of any ADR process is to find middle-ground solutions, you do not have to worry about your attorney refusing to compromise just to make more money.
- No “Losing Party” – In the past, divorces were often sought on a “fault basis”, meaning one party would be found to be at fault for the divorce, and as a result receive a much less favorable divorce settlement agreement. In ADR however, there are no losers, and all decisions reached should be fair, equitable, and acceptable to both parties.
At Jacobs Berger, we always encourage our clients to seek Alternative Dispute Resolution methods before resorting to traditional litigation. We strongly believe that these methods help both parties, and any children involved, to lay the foundation for a successful legal, financial, and parental future. We work hard to gain a clear and accurate understanding of your specific needs and concerns, then ensure that those needs and concerns are accurately taken into account when finding solutions to your family law and divorce-related issues.
One of the most common, and effective, types of Alternative Dispute Resolution is that of Mediation. Mediation involves only a neutral party who acts as a facilitator between the parties. A trained divorce mediator can help both parties to express their concerns and desires without fear of judgement, facilitate discussions between the parties, and help each party properly take into account the needs and concerns of the other when finding solutions.
Mediation is both informal and confidential, and often a much quicker and cheaper process than traditional divorce. For more information regarding the mediation process, whether or not it is right for you, and how our trained mediators can specifically assist you and your family, please view our mediation page.
While arbitration has the benefits of being an ADR process (private, less contentious, less expensive), it is the ADR method most similar to the court-based process. This is because, in arbitration, both parties and their separate attorneys present their case to a single party who will make an ultimate ruling on any issues at hand. This single-party acts as any court-appointed judge would, but is actually an attorney trained as a neutral arbitrator.
Arbitration is generally pursued when the parties feel that they cannot reach their own, final decisions (as they would during mediation for example), and would instead rather present their positions to a neutral party who will make a final decision.
While our attorneys are not prepared to act as judges during the arbitration process, we are prepared to provide you with our unique and effective approach to family law as your legal representative during the arbitration process. We will help you ensure that your rights, needs, and concerns are accurately taken into account and protected during the arbitration process and that any final agreement you reach is fair to you, protects your legal and financial future, and your future as a parent to your children as well.
While negotiation is not a type of ADR in and of itself, it is a critical component of any ADR method, and even more so in courtroom based decisions. In a no-fault or fault-based divorce for example, before a judge makes a ruling regarding any of the divorce issues like child custody, child support, alimony, or division of assets, the parties are given the opportunity to negotiate and decide, these issues for themselves.
A judge’s ultimate ruling may be legally fair and equitable to both parties, it also probably won’t take into account many of the specific needs or concerns of either party. By first deciding these issues through negotiation, you and your attorney can find solutions which much more accurately reflect your specific needs and concerns, without having these issues decided for you.
At Jacobs Berger, our focus on effective and creative negotiation allows us to settle family law disputes in a manner which protect all that you have already worked to achieve, without disrupting your daily life and the lives of your children. Negotiation is a key component of the resolution of any dispute, and our firm’s focus on this key component is what allows us to provide the type of results, and type of dispute resolution process, that our clients need and deserve.
Contact Our Mediation and Arbitration Attorneys Today
The experienced attorneys of Jacobs Berger strive to find solutions that not only specifically meet our clients’ unique needs and concerns, but in a manner which protects your financial stability, and the stability of your family life as well.
Having already worked with families across New Jersey, we are ready to put our unique and effective approach to work for you today, either through negotiation during your divorce, as neutral divorce mediators, or as legal representatives to you during the arbitration process.
To discuss your options for Alternative Dispute Resolution during your divorce, and how our firm can more peaceably, effectively, and creatively help you resolve your family law or divorce issues, schedule your confidential case assessment by contacting us online, or calling our Morristown, NJ office at (973) 710-4366.