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Key Differences between Mediation and Arbitration

By Sarah Jacobs, Esq.

Understanding Mediation, Arbitration, and the Arbitrators Role in Morris County Divorce

Providing experienced Legal Advice in Randolph, Denville, Morristown, Madison and across Northern New Jersey

In the following video, our Certified Matrimonial Law Attorney and Qualified Family Law Mediator Sarah J. Jacobs, Esq. explains mediation, arbitration and the role of mediators.

Purpose of the Mediation Process

Mediation is an opportunity for the parties involved to come together at the same table or in separate rooms with a neutral party. That neutral party´s role is merely to see if they can help facilitate a resolution of the outstanding issues that party makes no finding of fact, makes no credibility determinations, does not assess whether the documents presented to him or her are appropriate or not appropriate. Whether they are valid or invalid. That person when acting in is as a mediator only seeks to help resolve the difference in opinions between the parties before them and see if they can help bridge the gap between the two positions and find a middle ground.

Arbitration is More Like Litigation Process in Court

Arbitration, however, is similar to a trial in the courthouse. Arbitration is when there is a party acting in the capacity of a judge, though not with the powers of a judge. When you go to arbitration in Family Law, you have to create an arbitration agreement. You have to outline who your arbitrator is, what the issues are that the arbitrator is going to be able to handle, whether there´s is any issues that are being excluded from arbitration and the process by which you are choosing to present information to the arbitrator. When you go to the court and you have a trial, there are certain required rules of evidence and procedures that you must follow.

Mediation vs Arbitration in NJ

Differences between mediation and arbitration: Arbitration, however, sort of has a “customize-your-own proceeding” feel to it, though there are standards that need to adhere to. But unlike mediation where the job of the neutral party is to facilitate a resolution, the arbitrator´s role is actually to make binding decisions that you need to be okay with following once arbitration has been completed on the arbitrator has issued a ruling similar to that the judge would issue in a trial court.

Contact a Morris County Family Law Mediator Attorney

At Jacobs Berger, we help our clients in Randolph, Denville, Morristown, Madison and across Northern New Jersey navigate through the arbitration process. Working with one of our skilled arbitration lawyers is a great advantage and provides clients with a much better opportunity for a successful outcome. We have the experience and resources to use mediation and arbitration, when appropriate, to resolve disputes efficiently.

Call us today at (973) 710-4366 for a confidential case evaluation, or fill out a contact form and a member of our staff will be happy to get in touch to schedule an appointment.

Contact Our Morristown Attorneys Today

At Jacobs Berger, our attorneys are experienced in protecting our clients across Madison, Randolph, Tewksbury, Morristown, and the greater Morris County area in all family law-related issues.

To schedule a confidential consultation with Amy or any other experienced team member today regarding your particular case, please contact us online or through our Morristown, NJ office at (973) 354-4506.