Alternatives To New Jersey Divorce Litigation That New Jerseyans Often Overlook
If you are about to get a divorce in New Jersey, you might be thinking that divorce court is the only way to go. Divorce litigation might be popular among New Jerseyans and Americans at large, but it is not the only way for you to get divorced; alternatives to divorce court exist. Actually, divorcing individuals are always encouraged to work together to reach an agreement. Nonetheless, when couples fail to resolve their issues after embracing alternative dispute resolution (ADR), divorce litigation might be unavoidable.
Alternatives to divorce litigation usually work best for people who want to save money or resolve their divorce-related issues fast or in a low conflict way. Therefore, if yours is a high-conflict situation, alternative dispute resolution might not be the way to go. However, before concluding that ADR can or can’t work for you, consult a qualified divorce attorney.
Below is a look at the common types of alternative dispute resolution.
Mediation
Mediation involves settling your divorce issues with the help of a qualified neutral third party known as a mediator. A mediator does not represent either spouse. Additionally, a mediator won’t make the final decisions for you. Instead, a mediator will skillfully help you and your spouse identify your issues and make informed decisions. Generally, with mediation, you and your spouse make the final decisions.
You can hire a lawyer or go into mediation without a lawyer. However, it is advisable for you to hire a lawyer. This is because a mediator cannot offer you legal advice. You need a lawyer to provide you with legal guidance and help you understand your legal rights so you can make informed decisions.
Collaborative Divorce
Collaborative divorce, unlike mediation, does not involve a neutral third party. With collaborative divorce, divorcing individuals work together to resolve their divorce-related issues through negotiations with their lawyers’ help. In collaborative divorce, each spouse maintains their own lawyer. When it comes to collaborative divorce, the role of attorneys is to advise their clients and advocate for them.
Arbitration
Arbitration is somehow similar to mediation, in that, just like with mediation, couples work with a neutral third party known as an arbitrator. However, in arbitration, an arbitrator makes the decisions. This particular characteristic of arbitration makes this form of ADR more like a divorce trial that is held outside the courtroom.
Arbitration might sound like an ADR that limits your control during your divorce, but it could be a good option for you if mediation or collaborative divorce did not work for you and you still want to save money.
Combining Alternative Dispute Resolution Methods
Sometimes one ADR method is not enough for couples to resolve their divorce-related issues. In such cases, a combination of ADR methods might be helpful.
Reach Out to a Skilled New Jersey Divorce Attorney for Legal Advice and Help
While alternative dispute resolution might look like something you want to try, it is not for everyone. To determine whether your divorce case can be settled outside court, consult a skilled New Jersey divorce attorney. Our experienced team at Citizen Soldier Law can help you make the right decision. We offer legal counsel to military, veterans, and private citizens.
Resource:
njcourts.gov/notices/2006/n061204.pdf
