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Is Divorce Arbitration Confidential in New Jersey?

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Divorce is a complex process, often resulting in high emotions and arguments. Couples may choose to seek alternate methods of resolution to avoid going to court and litigation. One popular method is arbitration. Spouses may question whether divorce arbitration is confidential, as privacy is important to many people. Understanding your rights and obligations during the arbitration process is crucial in determining whether it is the right path for you. Our Union County divorce attorneys can offer skilled representation during this difficult process. Reach out to an experienced lawyer today for more information.

What Decisions Must Be Made During a Divorce?

Whether through court, mediation, arbitration, or any other negotiations, the following decisions and more must be made before a divorce can be finalized.

  • Asset distribution
  • Alimony
  • Child custody
  • Child support

The above decisions and more are generally settled in court but alternative dispute resolutions can offer flexible solutions.

What is Arbitration?

Arbitration is often chosen as a way to expedite the resolution of various disputes, reduce costs and fees, and maintain some sense of privacy. During arbitration, a neutral third party, the arbitrator, makes legally binding decisions regarding the issues at hand.

In a private and casual setting, both parties will have the opportunity to present their arguments and sides with the help of their legal representatives. After considering all relevant information the arbitrator will make a ruling much in the same way that a judge does in court.

Is Arbitration Confidential in NJ?

Yes, confidentiality is one of the main advantages of arbitration over litigation. In New Jersey, arbitration proceedings are generally not part of the public record. This means that the information provided during the process like financial records, personal disputes, and child custody issues can avoid the risk of being exposed to the public.

According to New Jersey’s Arbitration Act, unless both parties agree otherwise, arbitration hearings are private and the documentation shared is kept confidential. This ensures that the details and specifics of the relationship and divorce do not become accessible to the public and resolutions can remain discreet.

Is Arbitration Ever Not Kept Private?

While confidentiality is an important part of arbitration, certain exceptions may apply. For example, consider if one spouse stops abiding by the agreement made during arbitration. The other spouse can seek to enforce the decision by taking them to court. However, information disclosed during the arbitration proceeding may become public during this process.

Additionally, if it is found during arbitration that either party has committed a crime or has allegations of abuse or neglect, disclosure of certain information may be required to ensure the safety of the children or the general public.

If you value your privacy and want to protect your family and children from having their personal information displayed for the public eye, arbitration may be a good solution for you. Work with an experienced attorney for more information and representation.

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Mediation Services

Our firm believes that exploring alternatives to litigation can greatly benefit our client. Our firm’s established mediation practice can help you resolve family law issues more efficiently, amicably and at a lower cost. If you are interested in knowing more about our mediation services, contact the firm to discuss your situation.

“This firm and it's team are the best out there, hands down. Robyn Ross helped me through a difficult time. Something that should have been...”

– Nestor –

“Robyn navigated me through a difficult period and explained every piece of the process in great detail along the way. I know in the end...”

– Clarissa –

“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

– Abdul –

“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

– Peter –

“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –

“This firm and it's team are the best out there, hands down. Robyn Ross helped me through a difficult time. Something that should have been...”

– Nestor –

“Robyn navigated me through a difficult period and explained every piece of the process in great detail along the way. I know in the end...”

– Clarissa –

“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

– Abdul –

“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

– Peter –

“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –

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