Mediation And Arbitration Lawyer In New Jersey
From the beginning at the Law Office of Edward Fradkin, LLC, it has been our philosophy that family law disputes are best resolved outside of court through mediation or arbitration, both methods of alternative dispute resolution. By handling cases this way, the costs – both emotional and financial – to our clients are minimized considerably and the final outcomes are left to the two parties involved, not a judge unfamiliar with their family dynamic.
The Benefits Of Mediation And Arbitration
Since its founding in 2006, our firm has been predicated on the belief that communication is essential to a successful family law outcome. This means there is not only communication between attorney and client, but also respectful communication between the two parties involved in the dispute. Opting to resolve your case in mediation or arbitration instead of court can open avenues of conversation and help you arrive at the right resolution for you and your family.
Attorney has extensive experience as both mediator and arbitrator. For over 25 years, he has assisted divorcing couples in coming to agreements outside of court, and thus minimizing the time, cost and emotional stress of their family law action. Mr. Fradkin is known statewide for his legacy of success in Monmouth and Ocean counties.
Addressing FAQs For Alternative Dispute Resolution
Below are some frequently asked questions about using mediation and arbitration for family law problems in New Jersey.
What is the difference between mediation and arbitration in New Jersey?
Mediation is a voluntary, private process where a neutral mediator helps both sides discuss and reach an agreement. The mediator does not make decisions; you and your spouse keep control over the final result.
Arbitration is more structured. You present your case to a trained arbitrator who issues a binding decision. Arbitration is private and often faster than court, but it is also more final than mediation. You usually cannot appeal the ruling.
How does divorce arbitration work in New Jersey?
You select an arbitrator, often a family law attorney acting as a private judge. The process may include hearings where you can submit evidence and present witnesses. These steps happen in a private setting rather than a public courtroom.
The arbitrator reviews the facts and issues a decision to resolve the dispute. Many couples prefer this method because it offers control over the schedule and protects privacy.
Can mediation or arbitration address all divorce-related issues?
These methods can be used for most family law issues, including property division, child support and alimony. However, New Jersey law sets rules for two areas:
- Child custody: You can arbitrate custody disputes, but the decision is not always final. New Jersey courts can review the ruling, and a judge can overturn the decision if it risks harm to the child.
- Domestic violence: Only the Superior Court handles Restraining Orders; you cannot use mediation or arbitration for them. You may mediate financial issues in a divorce involving domestic violence, but you must follow strict safety rules.
Do I need an attorney for mediation or arbitration?
The law does not require you to hire a lawyer, but we strongly recommend getting legal advice. A lawyer explains your rights and helps you stay informed during talks, which helps you avoid unfavorable agreements. Mediation is often cooperative, but representation helps you make informed choices and can help the process move quickly.
Call us to discuss whether mediation or arbitration is the right approach for your case.
Minimize Your Hardship
Family law actions are some of the most delicate in all of New Jersey law, as they often involve loved ones, children and strong emotions. Minimize the hardship on everyone involved in your dispute and hire the respected mediator and arbitrator Edward Fradkin to resolve your case efficiently and professionally.
To learn more, contact our Freehold firm online or call 732-702-0612.