Mediation, Arbitration & Collaborative Divorce
Bergen County Alternative Dispute Resolution Lawyers
The process of reaching a divorce settlement can be long and complicated. The process, by its very nature, touches on sensitive subjects. In an ideal world, divorcing spouses would reach an agreement privately, without having to go to court. Processes like collaborative divorce, mediation, and arbitration exist to help them do just that.
The lawyers at TMO Law Firm have strong background in Bergen County alternative dispute resolution processes.
Call today at (201) 308-0383 or reach out here online to set up a consultation. Our service area extends through Passaic, Essex, Morris, and Hudson counties and sweeps through all of northern New Jersey.
Collaborative divorce is more than just the usual give-and-take of negotiation. It’s an entire process unto itself, with unique incentives to reach a positive outcome.
In collaborative divorce, the attorneys on both sides often agree that, if the process does not produce a settlement, they will both step away from the case and allow different counsel to take the case to court. Thus, the lawyers are incentivized to reach an agreement rather than prolong the conflict.
The entire process itself then brings in knowledgeable people from the areas that have to be resolved. Financial experts may be brought in to help with the valuation of property. Those with a background in childcare might be able to offer a unique perspective on good approaches for handling child custody. The goal in collaboration is to use a true team-oriented approach to getting everyone to a settlement they can live with.
TMO Law Firm is committed to doing everything possible to reach a private resolution, rather than having to air out disputes in a public courtroom.
Mediation and arbitration are the two traditional ways of finding a way to reach a settlement without going to court.
They have similarities. Both processes use an independent third party. In both cases, the third party (the mediator or arbitrator) is agreed on by the spouses and their lawyers. Spouses maintain a certain degree of control in that, unlike a court of law, they can control when sessions will be scheduled for. For parents busy with work, and perhaps child-raising responsibilities this level of control is no small benefit.
There are also serious differences between the two processes. In mediation, the spouses remain in complete control over the final outcome. The mediator is simply there to facilitate negotiation. Experienced mediators can often see possible solutions that the parties themselves might miss. They can open lines of communication that might otherwise stay blocked.
Arbitration is a more confrontational process. The arbitrator is effectively given the power of a judge—to reach a verdict on the settlement, and have that verdict carry the binding force of law. The spouses give up their veto power over the outcome. Arbitration is typically chosen only if collaboration and mediation have failed to achieve a settlement.
“David was fierce yet compassionate in handling my complex case.” - Balaji
“Everyone should have a lawyer of this caliber. He wasn't just my ally. He was my hero.” - Elana
Going through a divorce can be hard enough, without having control of basic issues like property division and child custody being taken away. That’s why TMO Law Firm is committed to the alternative dispute resolution process. We’ll never back down from fighting to protect our client’s interests, and we know that one of those interests is getting a settlement with as few emotional wounds as possible.