• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Divorce Magazine

Since 1996 Divorce Magazine has been the Internet's leading website on divorce and separation. We provide advice about divorce law, divorce lawyers, family law, custody, support and other divorce related issues along with a directory of divorce professionals.

  • Home
  • Divorce Professionals
    • Add Your Listing Here
  • Blog
    • Alternative Dispute Resolution (ADR)
    • Children’s and Parenting Issues after Divorce
    • Considering Divorce
    • Co-Parenting after Divorce
    • Coping with Divorce
    • Financial Issues
    • Inspirational Stories and Advice
    • Legal Issues
    • Relationships and Dating
    • Becoming a Blogger for DivorceMag.com
    • Video Blogging
  • Articles
    • Alimony and Spousal Support
    • Child Support
    • Child Custody
    • Children and Divorce
    • Coping with Divorce
    • Divorce and Annulment
    • Divorce News and Statistics
    • Family Lawyers
    • Financial Issues
    • Legal Issues
    • Relationships and Dating
    • Write for Us
    • General
  • FAQs
  • Videos
  • Podcasts
  • eNewsletter
  • Advertise
  • About Us
    • Press Releases
    • Submit an Article
    • Be Our Professional Blogger
    • Become a Blogger
    • Contact Us

What are the main differences between divorce litigation and one of the alternative dispute resolution processes?

By Michele E. D’Onofrio Updated: March 09, 2018Categories: Collaborative Law, Divorce Process, FAQs, Mediation Issues

What are the main differences between divorce litigation and one of the alternative dispute resolution processes?

Litigation utilizes the New Jersey courts to resolve the issues of a divorce or family law proceeding. Mediation, arbitration, and collaborative divorce are all different types of alternative dispute resolution processes.

In mediation, a trained, impartial, and neutral person called a “mediator” is retained by the parties. The mediator does not represent either party but assists the parties in reaching a mutually acceptable resolution of the dispute. Mediation leaves control of the outcome within the parties’ hands.

In arbitration, a trained, impartial, and neutral person called an “arbitrator” is selected and retained by the parties to hear arguments and evidence from each side and render a decision to the dispute much the same as a judge in a court would do. The parties and their attorneys will spell out the role of the arbitrator and the rules of the arbitration in a written agreement beforehand.

Collaborative divorce is a method of practicing law in which the lawyers for the parties agree to assist the clients to resolve conflicts by employing cooperative techniques rather than adversarial strategies and litigation. If litigation is commenced during the collaborative process by one of the participants, all attorneys and experts are relieved of representation and the parties need to retain new counsel for the litigation process.


Michele E. D’Onofrio is a family law attorney practicing in Warren, New Jersey.

Related Content

  1. How to Get a Low-Cost Divorce: The Definitive Guide (2019)
  2. Warren Family Law Attorney Michele E. D’Onofrio on Divorce Litigation
  3. Understanding the Difference Between Divorce Mediation and Arbitration

December 27, 2016 (0) Comments Categories: Collaborative Law, Divorce Process, FAQs, Mediation Issues

Reader Interactions

Add A Comment Cancel reply

sidebar

 

Divorce Professionals

Divorce Lawyers

Divorce Mediators

Business Valuators / CPAs

Collaborative Practice






Divorce Magazine
2019 Spring Issue

Download Now

top divorce blog
Ranked as the #1 Divorce Blog on the Internet since 2016!

Recent Articles

  • Divorce Support Groups: How to Find the Right One for You

  • Protect Yourself from Burnout: Find Harmony in Everyday Life after Divorce

  • 5 Tips for Figuring Out Life During and After Divorce

  • How Financial Mismanagement Impacts a Marriage

  • 6 To-Dos When Facing a Divorce in the New Year

Recent Posts

  • Divorce Support Groups: How to Find the Right One for You
  • How Financial Mismanagement Impacts a Marriage
  • The New Decade: Will You Choose Freedom or Fear?
  • Financial Matters During Divorce: Things to Consider
  • Kid’s Clothes and Divorce: Dirty, Clean Mixed With Dirty, or Missing!

Footer

Helpful Divorce Article Categories:

  • Alimony and Spousal Support
  • Child Custody
  • Child Support
  • Children and Divorce
  • Divorce and Annulment
  • Divorce News and Statistics
  • Financial Issues
  • Legal Issues
  • Relationships and Dating
  • DivorceFAQs
  • Divorce Podcasts
  • Divorce Blogs


Visit Our Websites:

  • Divorce Marketing Group
  • Divorced Moms
  • The Divorce School

Follow Us on Social Media

Follow Us on FacebookFollow Us on TwitterFollow Us on PinterestFollow Us on LinkedInFollow Us on Instagram
  • Contact Us
  • Writer's Guidelines
  • Terms & Conditions
  • Privacy Policy

Copyright © 2019 Divorce Marketing Group & Segue Esprit Inc.
All rights reserved. Reproduction in whole or in part without prior written permission is prohibited.