Mediation, Arbitration, and Collaborative Law

Alternative dispute resolution represents the future as it relates to the resolution of family law matters.

New Jersey Divorce Mediation - New Jersey Custody Mediation - New Jersey Separation Mediation

In divorce mediation or custody mediation, the parties (with or without attorneys) meet with an impartial mediator who does not formally represent either of the parties. The mediator works with the parties in an effort to reach a mutually agreeable resolution of all outstanding issues, whether financial or relating to your children.

Mediation typically costs less than litigation and generally produces an agreement which tends to have a more long-lasting effect due being the product of the mutual agreement of the parties. Mediation also tends to reduce the amount of stress and anxiety normally associated with the litigation process. The final agreement reached by the parties in the mediation then forms the basis for your final divorce, separation agreement or custody agreement. 

You can attend mediation at any point.  If you are involved in litigation, the Court will likely request that you attend mediation or issue an Order for mediation.  We can assist you in preparing for mediation or can act as the mediator in your case.  Both parties’ input is important to determine how many mediation sessions will be needed to resolve your case. 

Many courts in New Jersey require parties to attend mandatory mediation sessions incident to litigation to aid the parties in reaching a mutual agreement on outstanding issues without having to incur unnecessary cost and the emotional stress incurred in a litigation setting.  For example, the parties may be referred to custody and parenting time mediation prior to those issues being brought before a Court for a decision. In addition, many courts in New Jersey require the parties to attend mandatory economic mediation as part of the litigation process. We have multiple attorneys who have been appointed to the Court Approved Economic Mediator Roster by the New Jersey Courts and are therefore especially skilled in the mediation process. Our experienced Family Law attorneys are available to handle cases in Middlesex County, Monmouth County, Ocean County, Mercer County, Union County, Somerset County, Hudson County, Essex County, Morris County, and Hunterdon County.

Another way to move your case to resolution is by attending Early Settlement Panel, as part of your divorce, or a Consent Conference, as part of your custody matter.  Both events provide you with the opportunity to consider settlement options and resolve your matter without having to move your case any further through the litigation process.

New Jersey Divorce Arbitration

Arbitration is another form of alternate dispute resolution. Rather than the parties seeking recourse in the courts, they may agree to binding arbitration of any issues in dispute. The matter is then presented to an arbitrator who renders a binding decision, meaning that the parties are compelled to abide by the decision of the arbitrator.

Much like mediation, the cost of divorce arbitration tends to be less than that of litigation. On the other side, arbitration is different from mediation in that the arbitrator renders a decision which is imposed upon the parties. In mediation, the parties reach the ultimate agreement themselves and the agreement is then incorporated into a binding document. 

The New Jersey-based Family Law attorneys at Hoagland Longo are experienced in divorce mediation and arbitration, and all facets of alternate dispute resolution. We have successfully mediated and arbitrated many cases with successful results. We encourage you to contact our Family Law attorneys to discuss these alternatives to litigation to ascertain if one of these forms of alternative dispute resolution is appropriate for resolution of your case.

Collaborative Law

We have a cutting-edge practice group devoted to collaborative law.  To learn more about the collaborative law process you can click here:  Is Collaborative Law Right for Me?

Contact our New Brunswick or Red Bank office today to speak with our experienced Family Law attorneys today to discuss how mediation, arbitration, and collaborative law can benefit your family law matter.  Call 732-545-4717 to schedule a free consultation.