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Arbitration Proceedings in Monmouth County

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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:

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• 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.

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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.

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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.

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The arbitration process generally goes as follows:

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• 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.