At Shane and White, LLC, our attorneys are trained in both mediation and arbitration and can help you resolve disagreements related to divorce and family law cases. We will work closely with you throughout the process, making sure your interests are protected and the best possible results are achieved.
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.
The information you obtain at this site is not, nor is it intended to be, legal advice. This website is designed to provide general information only, and does not represent the opinions of Shane and White, LLC attorneys. The information is not guaranteed to be correct, complete or up to date with recent legal developments, verdicts or settlements. You should consult an attorney for advice regarding your specific facts/circumstances/case. We invite you to contact us and welcome your calls, letters and emails, but note that contacting us alone does not create an attorney-client relationship. If you would like advice regarding your individual situation, you should contact Shane and White, LLC. to schedule a consultation to obtain legal advice. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
No aspect of this advertisement has been approved by the Supreme Court of New Jersey.