Alternative Dispute Resolution, Mediation & Arbitration

In actions such as divorce and family law cases, it may take a year for the judge to schedule your case for a hearing or trial date—an arbitrator can help to facilitate faster resolutions. Arbitration is like a mini-trial, and the arbitrator’s decision can be binding or non-binding. The results of nonbinding arbitration are usually used to show the parties the likely outcome of litigation and help them reach agreement settlement.

In some instances, New Jersey law requires that parties engage in mediation before they go to trial. During this process, the mediator attempts to help the parties determine their specific interests and come to an equitable solution. He or she strives to get the parties to agree, but does not have the power to force a settlement. Unlike arbitration, there is no result handed down by a neutral party. Instead, the parties come to an agreement together. Sometimes, they resolve some issues and take the remaining issues to trial for a judge to decide.

There are several advantages to using the mediation process. First, it is quicker and cheaper than extended negotiations by attorneys or resolution by the courts. Second, effective mediation can help the parties avoid future disputes, and assist them in developing their problem-solving skills. Effective mediation can also have a positive psychological impact on parties going through a difficult time.

But mediation has its disadvantages, too. Mediators do not have the legal resources of an attorney such as the ability to subpoena documents or witnesses to obtain information, so it may be necessary to bring in an expert or proceed to trial if you believe that the other party is hiding information or being uncooperative. Finally, a major disadvantage of mediation is that if it does not succeed, the parties face the additional, extensive expenses of going to trial.