How Does Arbitration Work in a New Jersey Divorce?
"The goal of negotiation is not to win, but to reach an agreement that works." — Christopher Voss
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Divorce often involves important decisions about finances, property, support, and, in some circumstances, children. While these issues can be resolved through traditional litigation, New Jersey couples may also have other options, including mediation and arbitration.
Arbitration provides a structured alternative to having a judge decide certain disputed issues. Instead, the parties agree to have an arbitrator hear the matter and make a decision within the scope of the arbitration agreement.
What Is Divorce Arbitration?
In arbitration, the parties select an independent third party—known as an arbitrator—to decide specific issues in their divorce. Unlike mediation, where the mediator helps the parties work toward their own agreement, an arbitrator makes the decision.
The parties generally agree in advance on the issues to be submitted to arbitration and the procedures that will govern the process. New Jersey courts recognize arbitration as an alternative method for resolving certain divorce-related disputes. The New Jersey Judiciary explains that when arbitration is selected, the parties waive having the court decide the issues submitted to arbitration, subject to the terms of the arbitration agreement and applicable law.
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