Did You Know
Divorce Resources - Maleski Eisenhut & Zielinski, LLC, Flemington NJ

No Advantage -

The spouse who files for divorce first, does not have an upper hand or advantage in the outcome of alimony, child support or custody.


Arbitration is another form of dispute resolution. It is a voluntary process, like mediation and collaboration. Both parties must elect to arbitrate.

The arbitrator acts as judge and charges an hourly rate. Evidence and legal argument is presented to the arbitrator by the parties involved (or their counsel if they are represented) in a fashion very similar to that of a trial. It takes place in the office of the arbitrator or an agreed upon location. The arbitrator rules on the issues. The rules of evidence applicable in a court setting may be relaxed by consent to allow the arbitrator to review and consider evidence, which would normally not be admissible at trial. The arbitrator is expected to render a decision on all issues and provide a full explanation based on the relevant statutory law and case law.  Alternatively, the parties can consent to a more abbreviated ruling.

Parties can agree to enter into a binding or non-binding arbitration. When parties agree to participate in binding arbitration, they agree to accept the arbitrator's decision, whatever the result may be. Although possible, it is difficult to obtain relief from a binding arbitration decision unless fraud is involved. Parties attending arbitration frequently seek closure and so choose binding arbitration.

Arbitration tends to be more costly than mediation because the process requires the formality of presenting evidence, legal argument and briefs. The arbitrator is paid. The proceedings may be recorded, and a formal written opinion issued by the arbitrator.  However, arbitration may proceed much faster and more efficiently than a trial before a judge when schedules permit continuous days of testimony. The court's calendar frequently prevents continuous (back to back) trial days.