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Binding Arbitration in Divorce Cases
Editor's Note: Although the author's focus is on arbitration in the State of New Jersey, his observations are pertinent to the decision whether to arbitrate matrimonial matters in any of the several states.
More often than not, litigating divorce and post-divorce issues in the New Jersey Superior Court is not practical. It is unquestionable that alternative dispute resolution (ADR) venues are becoming popular and commonly used methods to resolve divorce and post-divorce issues. The most common ADR venues are mediation and arbitration. Although mediation remains the more commonly used method, and becomes mandatory at some stage of most divorce cases, binding arbitration is an effective and growing arena in which to address and resolve the plethora of issues involved in a divorce (or postjudgment litigation).
In 1984, in Faherty v. Faherty, 97 N.J. 99 (1984), the New Jersey Supreme Court approved the use of arbitration in family law matters. In 2009, in Fawzy v. Fawzy, 199 N.J. 456 (2009), the New Jersey Supreme Court expanded the use of arbitration in family law matters, including the use of arbitration in custody/parenting time issues and allowing divorce cases to be placed on an “arbitration track.”
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