ADR refers to the process of settling disputes outside of the courtroom. ADR arose as a way for disputing parties to lessen the costs of litigation and speed up the resolution process. While there are many different types of alternative dispute resolution in the State of New Jersey, the most are:
- Negotiation – New Jersey negotiation is often the leading method of dispute resolution, and it allows all parties involved to meet and quickly reach an amicable agreement. Through effective negotiation, you and your spouse can remain in full control of your divorce process and decide, for yourselves, important issues such as alimony, child custody, child support and division of assets and debts.
- Collaborative Divorce – In a collaborative divorce, the divorcing spouses form a “team” that includes themselves, their attorneys, and any other necessary professionals such as financial advisors and child custody specialists. The members of the collaborative teamwork together to maximize positive results for both parties while minimizing costs. Collaborative attorneys strive to achieve the best possible outcomes for their clients within the cooperative team structure, focusing solely on building an optimal settlement agreement. Collaborative divorce is an effective and empowering option for many couples who wish to defuse conflict and keep their divorce out of the court system.
- Mediation – NJ divorce mediation seeks to achieve a peaceful resolution to divorce conflicts. Unlike traditional litigation, New Jersey family law mediation involves the use of qualified mediators to help reach an amicable settlement. The mediator uses skillful negotiating methods to help facilitate an agreement between spouses.
- Arbitration – Arbitration is similar to a trial because testimony is taken, although the rules of evidence are relaxed. New Jersey arbitration is decided by an arbitrator upon whom both sides have agreed. The final decision, unlike in a NJ family law mediation, remains with the arbitrator and both parties agree to be bound by the decision. Although arbitration does limit your control during a divorce, it can be a preferable and less costly solution for divorcing couples who have failed to reach an amicable agreement through negotiation or even mediation.
Benefits of a New Jersey Alternative Dispute Resolution
- Unlike traditional litigation, ADR allows you and your spouse to present your own ideas for a fair resolution, and seek creative solutions to your problems. NJ alternative dispute resolution method may offer many benefits, including:
- Control throughout the process by both parties
- Lower costs
- Reduced complexity over standard litigation
- Quicker and more efficient resolution and settlements
- Creative solutions specifically tailored to couple’s needs
- Preservation of relationships through amicable negotiation
- Less emotionally taxing than traditional litigation
At The Law Office of Eric B. Hannum Esq., LLC, highly qualified and respected New Jersey divorce attorneys will help you explore all of the alternative dispute resolution options that are available to you. Seeking divorce through traditional litigation is not always in your best interest nor is it always in the best interest of your children; therefore, you need a New Jersey divorce attorney who can help you decide if ADR is best for you and your family.