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Blogs from January, 2021

If you've taken a look at the services we offer to clients here at DeTommaso Family Law, the word "arbitration" may have caught your eye. If you're looking to handle a family law dispute outside of the courtroom, but find the prospect of a judge presiding over the case attractive, arbitration may be the solution to your problem. Today, we're covering the arbitration process in-depth.

At DeTommaso Family Law, we'll work with you to achieve the best outcome in your arbitration. Contact us online or via phone at (908) 274-3028 to schedule a consultation with our team.

How Arbitration Works in NJ

Experienced legal professions, typically long-time attorneys or judges, can receive certification as Civil Arbitrators in the state of New Jersey. During family law disputes, arbitrators can act as a judge, with the exception that arbitration is an out-of-court process similar to mediation.

If you're engaged in a family law dispute, you and your partner can jointly agree to utilize an arbitrator to resolve your case. You can choose the arbitrator who presides over your dispute. You can also choose how legally binding you want their judgment to be. For example, you could decide that the arbitrator's decision in your case is final, or open up the possibility to seek an alternative outcome in court if you dislike their decision. In arbitration cases where the arbitrator's decision is final, the parties typically sign "binding Arbitration clauses."

What Do Arbitration Cases Looks Like?

For all intents and purposes, many arbitration disputes essentially look like private courtroom trials.

The parties can choose to be represented by attorneys, and present evidence to the arbitrator. Once the arbitrator has taken stock of the case and feels as though they understand it fully, they can issue their judgment. The arbitrator's decision will then be entered into the county court that would preside over the case if it took place in court and will most likely then be approved, finalizing the case.

At DeTommaso Family Law, our arbitration attorneys can help you find the perfect arbitrator for your case. To schedule a consultation with our team, contact us online or via phone at (908) 274-3028.