Is Arbitration Confidential in New Jersey?

When you and your spouse file for divorce, it’s imperative to understand that you do not have to engage in a bitter court battle. Though it seems like every couple goes before a judge to work out the details of their divorce, this is not the case. As such, one option you and your spouse may want to consider is arbitration. If you are unfamiliar with this process, the following blog explores what you must know, especially regarding the confidentiality of this process. You’ll also discover how a New Jersey divorce arbitrator can help you through these complicated matters.

What Is Arbitration?

Arbitration is an alternative dispute resolution process in which two parties, in this case, you and your spouse, will meet with a neutral and unbiased third-party entity. Though this sounds like mediation, there is one considerable difference. The neutral third party, your arbitrator, is not there to help you and your spouse reach an agreement through compromise and conversation. Instead, you will submit evidence and facts using a variety of different forms for them to review, and upon meeting with the arbitrator, present your case. After hearing both sides and considering the evidence submitted during discovery, the arbitrator will issue a decision about your case. This differs greatly from mediation, in which you and your spouse are determining the outcome of your divorce.

Will the Details Be Kept Private?

Unlike litigation, in which you and your spouse will go through the court to determine the details of your divorce, which means all of your details will be public record, this is not the case for arbitration. One of the considerable benefits of choosing to arbitrate your divorce is that you do not have to worry about your personal or financial information becoming public record, helping to ensure you and your spouse feel like you have more say and control over this process.

Is This Right for My Circumstances?

If you and your spouse have filed for divorce, it’s important to understand when divorce arbitration may not be right for you. Generally, this is a much cheaper and more streamlined process, making it ideal for many couples. However, if there is domestic violence in your relationship, it’s best to avoid this process. This is because the presence of domestic violence in a relationship can have legal impacts on the outcome of your divorce, so allowing a judge to determine these matters is in your best interest.

As you can see, arbitration is an ideal process for many due to its confidential nature and cost-effectiveness. However, before making any decisions regarding your divorce, it’s in your best interest to connect with an experienced New Jersey divorce attorney. At Haber Silver Russoniello & Dunn, our team understands how complicated these matters can be, which is why we will do everything possible to assist during these complex legal times. Connect with us today to discuss your circumstances in further detail.