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04. Alternative Dispute Resolution

South Jersey Alternative Dispute Resolution Lawyers located in Woodbury, NJ

Experienced Woodbury, NJ Alternative Dispute Resolution Attorneys Work to Explore Resolution Strategies With Clients in Gloucester County and Throughout South Jersey 

Not everyone is up for a fight, and not every matter requires one. Did you know that there are a number of Alternative Dispute Resolution (ADR) solutions that Smedley Law Group offers, that in the right circumstances, can bring your matter to an amicable conclusion, at a reduced financial and emotional cost to you? These methods are best used when both parties are on the same page and want to resolve their matter without traditional litigation. You can avoid the drama, headache, emotional upset, loss of control, and significant financial impact of typical divorce litigation.

Using ADR solutions can give you much-needed control over the uncertainty that accompanies the end of a relationship and allows you to safeguard your own well being as well as that of your child. ADR solutions aren’t suited for situations where there’s an imbalance of power in a relationship or where domestic violence is present. There needs to be a mutual level of trust between the parties and an agreement to be open and disclose all information relevant to the resolution of your matter.

At Smedley Law Group, our seasoned family law attorneys are committed to helping clients explore alternative dispute resolution options. We have nearly two decades worth of experience helping clients reach creative, human solutions to significant family disagreements. Often, it can be possible to reach agreements that benefit and protect all parties involved while simultaneously avoiding courtroom trauma.

Are you involved in a dispute with family members and having a difficult time reaching agreement? Our lawyers can help you explore options like mediation or arbitration. We’re here to help you and your family see the big picture and find a resolution that works.  

To learn more about our experience, practice and how we can help, don’t hesitate to contact our office and arrange a consultation with a lawyer experienced in using alternative dispute resolution techniques.

Types of Alternative Dispute Resolution Techniques

At Smedley Law Group, our knowledgeable family law attorneys are skilled in helping clients explore their options when it comes to alternative dispute resolution techniques. Typically, there are three types of ADR services available to parties facing family law litigation:

Collaborative Law: Collaborative Family Law is a legal process that enables couples who have decided to separate or end their marriage to work together along with their attorneys to amicably reach a settlement without turning their decision-making over to a judge or enduring the trauma and expense of litigation. When needed, the collaborative team may also include financial advisors and mental health professionals who can assist in guiding the parties to an amicable resolution to their divorce matter.

Each party retains a separate, specially-trained attorney whose purpose is to represent his or her client so as to assist in resolving issues fairly and equitably without either going to court or threatening to do so. All participants agree to work together respectfully, honestly and in good faith to try and bring about goals that meet the legitimate needs of both clients and their families.

Mediation: Divorce mediation is a process in which divorcing spouses try to negotiate an acceptable divorce agreement with the help of a neutral third party—the mediator. As an impartial third party, the mediator helps the spouses to communicate and negotiate but doesn’t make any decisions for them nor provide legal advice.​

Mediation can be either privately done or be court-ordered. Court-ordered mediation is generally limited to child custody and visitation issues and the duration of the mediation is set by the court. Private mediation, on the other hand, has the ability to deal with all issues that need to be resolved, including child custody and visitation, support, equitable distribution of assets and debts and any other unresolved issue. The time and cost of mediation are directly related to the reasonableness and cooperation of the parties.

As with collaborative proceedings, mediation relies on the voluntary free exchange of information and commitment to resolutions respecting everyone’s shared goals. The involved parties can come away from the proceedings feeling more satisfied with the outcome since they orchestrated the agreement between themselves, together, face to face with a trained mediator, rather than their lives being bound by the dictates of a judge.

Arbitration: Family Law Arbitration is an ADR solution most similar to a courtroom divorce. The difference? You retain significantly more control over the process. When you traditionally litigate a matter, you’re subject to the mercy of the court and the court’s schedule. You don’t get to choose your judge; your judge is assigned to you based on how your particular courthouse assigns cases. This could result in your matter being tried over a number of months, a process that’s costly and time-consuming. Arbitration allows the parties of a case to have more control over the process; thereby reducing the time and cost involved. The arbitrator is an attorney who acts in a role similar to a judge; however, there is more flexibility in how the proceeding can be conducted, a luxury a court often does not have. By choosing arbitration, the parties retain more control over their case and reach a conclusion to their matter, often in less time and at less cost than traditionally litigating their matter.

How Can Alternative Dispute Resolution Benefit My Situation?

Alternative dispute resolution (ADR) provides a number of benefits that can help your family get through a challenging time. Some examples of the benefits alternative dispute resolution offers include:

When each party compromises through ADR, it is more likely that each party will come away with an agreement that better suits their needs. To learn more about the benefits of alternative dispute resolution and how it may work in your specific case, call to schedule a consultation with our qualified team.

What Types of Disputes Can Alternative Dispute Resolution Be Used to Resolve?

Alternative dispute resolution (ADR) can be useful in resolving any type of dispute. In the family law context, ADR is commonly used to resolve disputes about:

If you’re interested in exploring ADR options to calmly, effectively resolve your family law matter, it’s important to have a skilled attorney in your corner. Our family law attorneys will stand by your side every step of the way—from determining the ADR method that best suits your needs to advocating for your rights throughout the process.

Schedule a Consultation With an Experienced Woodbury, NJ Alternative Dispute Resolution Attorney

For many families, traditional litigation will not be the most beneficial solution for resolving a dispute. After all, resorting to court intervention is, in itself, a traumatic and antagonizing option.  Alternative dispute resolution can help you maintain your relationships to the extent possible—all while reaching a solution that can protect your interests.

To learn more about how our Woodbury alternative dispute resolution attorneys can help facilitate the process, contact our office to arrange a consultation today.  

Frequently Asked Questions About Alternative Dispute Resolution in New Jersey

FAQ: How do I choose a mediator to help resolve my family law matter?

Choosing a mediator or arbitrator can be difficult. Both parties have to agree to begin the dispute resolution process. Often, a court-appointed mediator can be assigned. In other cases, our attorneys can recommend mediators that we’ve developed relationships with over the years. To learn more, call us today.

FAQ: Do I need a lawyer representing me throughout the ADR process?

You technically don’t have to be represented by a lawyer. However, it’s important to remember that the mediator or arbitrator cannot give legal advice and will be a neutral party. In other words, it isn’t their job to act in your best interests. It’s your lawyer’s duty and commitment to advocate to protect your best interests, which is the biggest reason to have counsel. They can’t tell you if the deal you are making is good, bad, or indifferent. Further, your lawyer can help you understand any options presented to you and make sure you know how accepting any decision or course of action might impact your future.

FAQ: If mediation isn’t binding, how can it help me resolve my disputes?

It’s true that mediation isn’t binding. However, sometimes the advice of a neutral third party can help you and your spouse see the issues and options more clearly. The mediator may propose a solution that you and your spouse hadn’t considered—and can also help you understand how the courts may respond if you don’t agree to the proposed resolution. Mediation can also come up with solutions that a court is not allowed to, so you can be more creative than a judge can be.

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Our powerhouse team of attorneys have chosen to devote their entire practice to family law, ensuring you have a support system of strong litigators who’ll work on your behalf in your unique situation. We listen and talk with you to determine your goals and desired outcomes, and then work with you to achieve them through our advocacy.

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