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How do arbitration, mediation and collaborative law differ?

On Behalf of | Aug 18, 2021 | Divorce Alternative Dispute Resolution |

During a typical divorce, many matters need addressing. Some couples going through a divorce in New Jersey choose conventional litigation. However, this might not be the right choice for you and your former spouse. There are several other ways to resolve this situation.


If you choose the arbitration process, you and any other parties involved waive their right to have their case heard by the court. Instead, a neutral third party will hear each party’s side of the story. After each party presents their case, an arbitrator will make a binding decision.


Like arbitration, mediation is a type of alternative dispute resolution for a trained third party to help resolve matters between a divorcing couple. The mediation process can be completed with or without the help of lawyers. To begin the mediation process, a mediator will communicate with each party to identify any issues. Then, the mediator helps each party find a solution that works well for everyone.

Collaborative law

Another one of the most popular alternative methods is collaborative divorce. This process involves you, your former spouse, each of your lawyers and trained resolution professionals. In a collaborative divorce, everyone works together to come to a mutual agreement. If this process doesn’t work, you and your ex-spouse will have to find new lawyers and choose another way to resolve your disputes.

Alternative dispute resolution methods can be helpful for couples who want to avoid going to court. If you and your ex-spouse find an alternative dispute resolution method that works for your situation, the divorce has a better chance of going as smoothly as possible.



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