Resolving issues pertaining to your divorce or dissolution can be challenging and costly. Whether you need to dissolve a civil union, get a conventional divorce or have your marriage annulled, you’ll want to know about important collaborative law options that could benefit you as a New Jersey resident. Here are some alternative methods to litigation that you can use to settle your case.
Mediation
Mediation and collaborative law allow you to resolve your disagreements with the assistance of an unbiased and trained third party. The mediator does not represent either party and cannot provide legal counsel, so you may want to hire your own attorney to make you aware of your rights during the process. Through mediation, both parties will identify the cause of the disputes, gather necessary information to make the best decisions going forward and communicate effectively to find a solution that both parties are satisfied with.
Mediation is designed to help settle court cases cooperatively. The New Jersey courts will keep a roster of court-approved mediators, or you can choose a private mediator for your case. The final decision to grant a divorce or dissolution will be up to the judge.
Arbitration
If you choose arbitration for the divorce process, both you and the other party will give up their right to have the court settle any issues that will be discussed and resolved during arbitration. An independent third party will decide the outcome of your case. Both you and the other party can hire an arbitrator, and the arbitrator’s decision is final and legally binding. This may work for some issues, but the judge will make the ultimate decision to grant your dissolution or divorce.
There are alternatives to a long, drawn-out court battle. Whether you choose an alternative dispute resolution method is up to you and your partner.