Alternative Dispute Resolution Lawyer in Red Bank, NJ

Divorce matters do not always have to be contentious. Many litigants are looking for low conflict ways of getting divorced and amicably resolving all issues incident to divorce. In the State of New Jersey, there are several Alternative Dispute Resolution (ADR) paths. ADR refers to the process of settling disputes outside of the courtroom. Benefits of this approach include: lower costs, speedier results, control through the process by both parties, more flexibility, tailored creative solutions, and preservation of relationships through amicable negotiation.

Alternative Dispute Resolution Attorney Discusses the Most Common Types of Alternative Dispute Resolution in the State of New Jersey

Mediation

Mediation is a means of resolving differences with the help of a trained, impartial third party. The parties, with or without lawyers, are brought together by the mediator in a neutral setting. A mediator does not represent either side and does not offer legal advice. Parties are encouraged to retain an attorney to advise them of their rights during the mediation process. The mediator helps the parties identify the issues, gather the information they need to make informed decisions, and communicate so that they can find a solution agreeable to both. Mediation is designed to facilitate settlements in an informal, non-adversarial manner. The court maintains a roster of approved mediators, or you can use private mediation services.

Negotiation

Negotiation between counsel and the parties is often the leading method of dispute resolution. The process allows all parties involved to meet quickly to reach an amicable agreement.

Arbitration

In arbitration, an impartial third party decides issues in a case. The parties select the arbitrator and agree on which issues the arbitrator will decide. The parties also agree in advance whether the arbitrator’s decisions will be binding on them or instead treated merely as a recommendation. While an arbitrator may decide issues within a divorce case, the Judge would still make the final determination as to whether to grant the divorce.

Use of Professionals/Experts

Parties in a divorce may also seek the assistance of other skilled professionals to help resolve issues in a case, such as attorneys, accountants or other financial professionals, and various types of mental health professionals (e.g., psychiatrists, psychologists, social workers, therapists). These professionals may help the parties resolve all of the issues or just specific portions of the case. As with mediation and arbitration, parties making use of these professionals to resolve issues in the divorce are encouraged to consult their attorney for advice throughout this process. While this approach may resolve some issues in the case, the Judge would still need to make the final decision to grant the divorce.

Here at the Law Offices of Sylvia S. Costantino, Esq., LLC, our alternative dispute resolution attorneys can help you explore all of the ADR methods that are available to you. Seeking a divorce through traditional litigation is not always in a litigant’s best interest. If you are considering a divorce but are worried about creating unnecessary potential conflict, ADR may be the option for you. Contact our office at (732) 328-6851 to set up a free consultation with one of our experienced attorneys to explore your options!

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Alternative Dispute Resolution Lawyer in Red Bank, NJ

Alternative Dispute Resolution Attorney Discusses the Most Common Types of Alternative Dispute Resolution in the State of New Jersey

Mediation

Negotiation

Arbitration

Use of Professionals/Experts

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