Types Of Divorce Arbitration In Ocean County
Whereas divorce litigation is for the most part final and a mediation is simply an attempt on the part of both parties to avoid having to go to court amid the possibility of a rancorous and expensive legal process, arbitration is neither advisory nor is it litigation. Arbitration is a process that provides flexibility with a structure that will benefit a couple seeking resolution.
There are two types of arbitration: binding and non-binding. If a couple opts for binding arbitration, unless there is some form of demonstrable bias on the part of the arbitrator favoring one side or the other, the decisions made during binding arbitration are final. If the arbitration process is non-binding, the rulings in the process can be appealed to higher courts if one or both sides are unhappy with certain parts of the decision. With an appeal, it is possible that a rejection of the appeal will result in the appealing party paying for the opposing spouse's legal fees.
Benefits Of Arbitration In New Jersey
Divorce litigation can be expensive with the entire process taking a significant amount of time and neither side might be happy with the results. Attorneys' time costs money and the more time an attorney spends on a divorce litigation, the more it is going to cost for both spouses. When there are children involved in a divorce, it makes the litigation process all the more difficult given the possibility that the parents will fight over every last issue and put the other parent in an adversarial position when it will be required for them to maintain a relationship at the conclusion of the divorce.
Mediation is an alternative, but the nature of mediation is that it is not legally binding, which may lead to one side or the other to not take the recommendations seriously, as there is no penalty for ignoring the recommendations. Arbitration will ensure that the couple is serious about the process and will have a more formulated procedure. In arbitration, the neutral third party (called an "arbitrator"), acts as a decision-maker and hands down a decision at the conclusion of the proceedings, similarly to a judge. In advance of the arbitration, the parties can decide whether they want the arbitrator's decision to be binding or whether there is a right of appeal. Should either party fail to live up to the arbitrator's decision, the other party may go to the court of appropriate jurisdiction to have the award enforced.
Another positive for people who select arbitration is that the process is confidential and issues that might potentially be embarrassing or damage one or the other's standing in the community will not be out in the public as part of the divorce record.
Arbitration is conducted on a set schedule in which both parties will meet with the arbitrator and a certain amount of time will be laid out to deal with the issues. For a trial, the participants are subject to the availability of the other attorneys and the judge as to when the case will be litigated. It will take far longer for a divorce litigation than an arbitration hearing would and will, therefore be more expensive.
Speak To A Qualified New Jersey Divorce Attorney
Arbitration is a viable choice for people who do not want the full blown litigation process and the costs connected to it and would prefer to have a more structured negotiation than a simple mediation. With arbitration, the couple can choose that it either be binding or non-binding leaving the possibility of appeal and the end result might be more satisfactory than going to court or trying to hash out the differences with a mediator. If you or a loved one are considering a divorce in Wall Township, Manasquan or any other town in New Jersey, an option to consider is arbitration and the attorneys at the Law Firm of Villani & DeLuca, P.C. in Point Pleasant Beach, New Jersey can explain your alternatives. Partner Vincent C. DeLuca, Esq. often serves as an arbitrator in divorce cases.