A Family First Approach to Peaceful Conflict Resolution


The final option for pursuing your divorce is another form of Alternative Dispute Resolution:  Arbitration.

Arbitration is a unique process as compared to the other forms of Alternative Dispute Resolution because unlike Mediation or Collaborative Divorce, you are divesting yourself of the ability to control the outcome of your case.  You are asking a professional other than a judge to make decisions.

While considered a form of Alternative Dispute Resolution, Arbitration is more like Litigation then the other processes.  The key difference between Arbitration and Litigation is that you get to choose your Arbitrator and you get to pay your Arbitrator.  The other difference is that you can control the timing of the Arbitration Process and are able to maintain privacy and confidentiality which is otherwise unavailable to you in Litigation.

In many ways, therefore, Arbitration is still a process of last resort, only to be considered after you have done everything in your power to amicably resolve your case, since you are relinquishing control of the outcome to a third party.  However, if you are unsuccessful in settling your case, Arbitration is still more ideal than Litigation because it provides you with more control over the process and can be accomplished in a more relaxed (and hopefully less hostile) atmosphere.  Similarly, you can use the Arbitrator to resolve individual impasses while continuing to negotiate a final resolution or to only decide certain issues after you have settled a portion of your case.


Legal Notice: The information provided on this website is provided for educational purposes. It is not to be considered legal advice, and nothing in this website shall be deemed to create the attorney-client relationship between the user and any member of the Jersey Shore Collaborative Law Group. No action should be taken based upon the information learned from this website without a personal consultation with an attorney. Before making your choice of attorney, you should give this matter careful thought. The selection of an attorney is an important decision. The attorney's on this site work independently of each other, and their affiliation herein extends only to the promotion of Collaborative Law and the education of the public regarding its use in family court matters.

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