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Arbitration Proceedings in Monmouth County
In the late 1970's to mid-1980's it became clear that mediation
was not a panacea for resolving all family disputes. When mediation cannot
help either party budge, arbitration is another good method for resolving disputes.
In an arbitration proceeding, an impartial third party decides issues in
a case. The parties select the arbitrator and agree on which issues the
arbitrator will decide. The parties also agree in advance whether the
arbitrator's decisions will be binding on them or instead treated
merely as a guide.
Benefits to arbitration include:
- The ability to select an arbitrator that suits you.
- The ability to set the rules.
- The ability to select the time and location of the hearing.
- The ability to work out decisions in privacy.
- The ability to remove the chance for appeal.
About the Arbitration Process
The arbitration process is much more relaxed and less formal than the conduct
of a trial at court. The parties choose who will decide their dispute,
rather than being assigned to a judge. The arbitrator's powers and
role are similar to that of a judge, with proceedings generally taking
place in an attorney's office. Following the taking of testimony and
decision by the arbitrator, the matter is brought before a superior court
judge for confirmation of the arbitration award. August Landi regularly
presides over arbitration proceedings as part of his practice and has
used this alternative successfully for many divorcing couples.
Where agreement cannot be reached on a major issue, the parties with guidance
of counsel should always be able to resolve, settle on, and agree upon
an alternative dispute resolution intervention to resolve their dispute.
In this one area, if nowhere else, rationality should prevail since it
is in the mutual interest of the parties to keep costs down.
The arbitration process generally goes as follows:
- Recognizing the need to arbitrate
- Identifying the issues to be arbitrated
- Choosing the arbitrator
- The referral to arbitration
- The arbitration proceeding
- The arbitration award
- Court review of the arbitration award
- The trial court enforces the award
When you need help in an arbitration, you need a divorce lawyer who knows
what he is doing. August Landi has over 50 years of experience in helping
couples through divorces and has handled over 2,500 divorce cases. In
terms of experience, compassion and skill, he is unmatched.