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
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.