Mediation of Divorce and Family Law Cases in New Jersey

Mediation and Arbitration fall under the category of Alternative Dispute Resolution or ADR for short.  Mediation refers to non-binding process whereby a trained mediator works with the parties and the lawyers to resolve the parties’ issues.  The process is non-binding which means either party is, after participating in good-faith, free to accept or reject the mediator’s proposed solution and move the case to the next stage (usually more litigation).  Arbitration is a binding process whereby an arbitrator hears judge hears the testimony of the parties (and sometimes other people) and then decides the issue.  This is similar to what happens in court.  However, since the court system has thousands of cases and only a handful of judges, arbitration usually concludes in a timelier manner than traditional litigation in court.  ADR is a tool used extensively in family practice.  The reason for this is simple…it works.  Each party involved in mediation has an equal say in what happens and can guide the process as they believe necessary.  This is unlike litigation (or even arbitration) where a judge hears the testimony of the parties (and sometimes other people) and then decides the issue.  In such cases, the parties have little control over the outcome of the case.  The process certainly has its limitations.  It always works better when the issues are highlighted by the parties’ attorneys in advance of the mediation.  If you are considering resolving your case through mediation, call us first.  We can offer constructive advice that will increase your chances of a successful mediation.