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Binding Arbitration
Binding arbitration is a process whereby the parties present their case to an independent decision maker who makes a decision on the disputed issues that is binding on the parties.
1. Advantages to Binding Arbitration
- By retaining what is essentially a "private judge", the parties retain control over the process and timetable of the case.
- While it is an adversarial process similar to litigation, the process maintains the privacy of the parties to a greater degree than litigation in Court.
- In cases, where there are tax concerns or other issues of financial propriety in the parties' finances that cannot be presented to a judge, binding arbitration may present a more attractive forum for the case to be resolved.
2. Disadvantages to Binding Arbitration
- It is an adversarial process. In this sense, it differs from Collaborative law or mediation. Rather than the parties working together towards an agreement, it is adversarial in that the parties arrive at the terms through presenting their evidence to a decision maker as adversaries, which may have a negative effect on the relationship of the parties.
- As with all alternatives to litigation, the financial disclosures made by the parties will not be subject to the same standard for falsity or omissions.
- There is no ability to compel discovery from third parties.
- The parties will lose the financial protections and right to seek orders in the litigation as described above.
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Providing clients and their lawyers with a new, formal and strictly non-adversarial approach to resolving legal disputes.
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Contact Us
Please review our site for how The Law Offices of Linda L. Piff, Esquire, P.C. can assist you with your family law matters. If you have any questions, or would like to speak with someone personally, please feel free to contact us.
Law Offices of Linda L. Piff, Esquire, P.C.
1540 Highway 138
Wall, New Jersey 07719
Ph: (732) 556-0240
Fax: (732) 556-0246
Email: lindap@lindapiff.com
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