New Jersey Arbitration Agreement for Divorce
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FAQ
Arbitration is mandatory statewide for civil cases involving automobile negligence, personal injury, contracts and commercial matters, products liability and personal injury protection suits against one's own insurance carrier for unpaid insurance benefits.
Arbitration could work to resolve your divorce if you have an issue or two on which you did not agree. It would be a cheaper option than a divorce trial with less hostility. Before you opt for a divorce trial, work with your family law attorney to explore all possible ways to settle your case.
Unlike mediation, the arbitration process is binding, which means that the parties are legally obligated to accept and comply with the arbitration decision/award rendered by the arbitrators. Without question, mediation should almost always be the first step in working towards resolving a dispute.
Yes. You may settle your dispute at any time before the arbitrator issues the award. If you have settled, or believe you are close to settling your dispute, notify your Case Administrator.
A Arbitration is an out-of-court method to settle commercial disputes through a binding decision. It is a private, highly flexible method of dispute resolution, where the parties select the arbitrators, the place where the hearings will be held, the rules, language and type of procedure.
Divorce arbitrationArbitration is a process for solving the disputes that have arisen between 2 parties who are divorcing each other. This takes place when the divorcing parties want to solve the problem in a lesser period of time without approaching or taking help from the court.
Thus, in arbitration, the private judge is in control of the process and the outcome, whereas in mediation, the disputing parties maintain control. Most Arbitrators will be flexible and work around the schedules and needs of the parties.
How much does Arbitration cost? The per diem cost for an Arbitrator is noted on the written arbitrator designation letter. The current maximum per diem is $1,500.
This is the position despite the fact that section 101 of the Model Act provides that parties may refer all issues arising from a marital separation or divorce, except the divorce itself, to arbitration.
Arbitration Usually Follows Working With a Divorce Mediator Arbitration can be a part of the progression of the process when divorcing spouses are trying to resolve the dispute without a trial. For example, if the parties try mediation and it is unsuccessful, arbitration could be the next step that they pursue.
