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Segalas Law Firm

The Segalas Law Firm - Matrimonial and Family Law Firm - Bergen, Essex, Morris and Passaic Counties, New Jersey

schedule a consultation today (201) 212-6523

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  • About
  • Practice Areas
    • Divorce & Family Law
      • Custody & Child Support
      • Domestic Violence
    • Mediation & Arbitration
    • Municipal Law & Criminal Law
      • DWI/DUI
      • Traffic Tickets
    • Real Estate
      • Residential Real Estate
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Mediation & Arbitration

Mediation & Arbitration

Bergen County Divorce Lawyer Experienced in Mediation and Arbitration

When going through a divorce, it is likely that you will run into disagreements with your soon-to-be former spouse. Even if you both agree that it is time to end your marriage, at some point—and perhaps at multiple points—between dividing your assets and dividing the time you each spend with your children, your interests will not align.

If you and your spouse cannot agree on the terms of your divorce, what can you do? While one option is to go to court, this is not generally the best option to resolve your differences. Litigation is an adversarial process, and the timeline is generally quite slow; in the end, the outcome of your divorce is ultimately out of your control. Alternate Dispute Resolution (ADR) is often a better and more cost-effective way to have your matter resolved, either by agreement (Mediation), or by trial (Arbitration).

Understanding the Differences Between Mediation and Arbitration

Mediation and arbitration are different forms of alternative dispute resolution (ADR) which are designed to resolve your matter out of court. Mediation allows you and your partner, with the assistance of a neutral third-party professional to reach an agreement. Arbitration is a trial-type of process in a private setting. In arbitration a hired professional will act as a judge, and decide all issues in a generally more time-efficient manner that a public courtroom trial will take. However, with both forms of ADR, you and your spouse can reach a settlement at any time and maintain control of the process as you both work toward a satisfactory outcome.

While mediation and arbitration can both work under varying circumstances, typically, divorcing spouses will consider mediation as a first option before committing to arbitration. Even when spouses are completely at odds on the terms of their divorce, if they both agree that it is in their best interests to reach an amicable solution, an experienced mediator will often be able to help them come to terms. Divorcing spouses also have the option to try mediation and then initiate arbitration if their efforts at reaching a settlement are unsuccessful. However, if you and your spouse cannot agree to mediate, or if you do not believe mediation will be productive, then you may choose to proceed directly to arbitration.

Using ADR to Resolve Disputes During Your Divorce

Child Custody

If you and your spouse need help creating a mutually-agreeable parenting plan, you may be able to use mediation to work past your differences. There are many creative ways to structure parental rights and responsibilities in a divorce, and an experienced family law mediator will be able to help you explore options that you may not have considered on your own.

If mediation is not a viable option, or if you and your spouse are not able to reach an agreement through the mediation process, then you may want to consider arbitration. In arbitration, a professional arbitrator will listen to you and your spouse’s arguments and then render a decision regarding custody and parenting time.

Child Support

While parents’ financial support obligations must be established in accordance with the New Jersey Child Support Guidelines, applying these rules to your unique set of circumstances may not necessarily be a straightforward process. Additionally, in certain circumstances, income, family composition and other factors may require deviation from the Guidelines. If you and your spouse are in disagreement over who should pay what (or to whom), you may be able to use mediation to arrive at an appropriate and mutually-agreeable child support calculation.

Alternatively, you and your spouse may choose to establish child support through arbitration. You can do this in addition to using arbitration to establish custody; or, if you and your spouse are in agreement on custody but cannot come to terms on financial support, you can use arbitration solely to obtain a child support determination.

Grandparents Rights

Mediation and arbitration can also be useful tools in situations where grandparents need to formally establish the right to see their grandchildren. While this can be a challenging scenario for you and your spouse to navigate, pursuing mediation or arbitration instead of going to court can help preserve—and even strengthen—the relationships between everyone involved.

Alimony

Unlike child support, there are no specific guidelines for calculating alimony in New Jersey—spouses are free to establish alimony as they see fit within certain parameters. While this provides significant flexibility, it also means that there can be significant room for disagreement. If you and your spouse agree that it is time to get divorced, but you cannot agree on the terms of alimony, pursuing mediation, or resolving your dispute in an arbitration proceeding may be the solution you need to move forward.

Equitable Distribution

Under New Jersey law, spouses must “fairly” distribute their assets during the divorce process. If you and your spouse have different opinions on what constitutes as a fair distribution, mediation and arbitration may be good options for finalizing the terms of your property settlement. From debt and tax considerations to personal attachment and sentimental value, there are numerous issues that can influence you and your spouse’s priorities regarding the equitable distribution of property.

Discuss Your Options with Bergen County Family Attorney Steven M. Segalas

If you are preparing to go through a divorce in New Jersey and would like more information about mediation or arbitration, please contact Steven Segalas for an initial consultation. To speak with Bergen County family attorney Steven M. Segalas in confidence, please call us (201) 212-6523 or request an appointment online today.

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PRACTICE AREAS

  • DIVORCE & FAMILY LAW
  • MEDIATION/ ARBITRATION
  • MUNICIPAL COURT /CRIMINAL LAW
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CLIENT TESTIMONIALS

A true professional
September 29, 2018
A true professional, caring and compassionate - Steven handled a complicated emotional post-divorce matter for me with all of the expertise and grit you would expect from a top Family Law Attorney, but Steven also has a deep care and concern for his clients best interest as a whole long after the matter is settled that I am proud to say for anyone considering him for your matter you should meet him and see for yourself. I'm sure you will feel as confident as I did that he is a Top Choice Attorney.
- Anthony
Great Attorney
June 21, 2018
Steven Segalas truly cares for his clients. He is knowledgeable, kind and a great negotiator! Served as my attorney for a difficult child support case and handled challenges with ease. He’s the one to have on your side. Would highly recommend him.
- Luis
Great Attorney
February 13, 2018
He knows his business as an attorney and keeps you updated. He is not only an advocate in court but outside of it. I cannot recommend him enough.
- Anonymous
Professional and Supportive
July 17, 2015
I absolutely do not know where I would be without him. I went through a 3 year divorce where my ex-husband changed lawyers numerous times. Steven was on top of every single aspect of my case and was there for me every single step of the way, he even spent Valentine’s Day in mediation with me. In addition to handling the divorce, Steven also represented me in my Domestic Violence Case against my ex-husband and secured a FRO (formal restraining order). The trial revealed very personal, embarrassing and painful information. Steven was nothing but professional and supportive. If you are looking for an attorney, you will be in excellent hands with him. Even when you are at your worst, he will hand you a tissue and make you smile!
- Bonnie
Outstanding Family Law Attorney
March 27, 2015
Steven M. Segalas is an outstanding Family Law attorney. I have worked with Steven as an adversary on many cases. Steven is an expert on Family Law. He is always up to date on statutes, Rules of Court and case law which bears on the cases we have handled together. I respect Steven’s strong advocacy for his clients. Steven knows when to fight and when to compromise. This is the true sign of a great Family Law attorney.
- Faith
A Great Attorney
March 16, 2015
A great attorney handled my divorce. My divorce and subsequent child custody matters were quite involved. Mr. Segalas was thoughtful and helpful throughout the process. He employed some out of the box thinking that allowed me to continue to have healthcare for myself and my children during a very trying time in my life. I always felt protected in court. Mr. Segalas was always ready to respond to whatever allegation was made in my direction from opposing counsel. I was very happy with his service.
- Anonymous
Fast-precise-no BS
March 10, 2015
Steve worked his magic to saved me from the X….Saved me thousands! Fast-precise-no BS. I would use Steve without second thoughts knowing you will be in the best of care & guidance!
- Mark
Great Attorney
February 27, 2014
My attorney makes ME a priority. He always explains the legal divorce process in terms that I can understand; and he has the ability to answer all of my divorce questions. The office is well-staffed for the follow up. My attorney has a team of lawyers and legal assistants trained to guide me through the divorce process and fight for my best interests. My attorney always presents a clear plan which includes all steps of divorce, information I need to gather, and a fee schedule. My attorney raise other issues I had not thought of yet that could have significant ramifications for the short-term and long-term success of my divorce. I go with my attorney who addresses my fears and concerns; exudes confidence and feels like a good fit for me ????
- Mark
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Contact Us

(201) 212-6523
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HILLSDALE

80 Broadway, Suite 101
Hillsdale, NJ 07642
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HAWTHORNE

1600 Route 208 North
Hawthorne, NJ 07507
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DISCLAIMER

The material presented on this website is intended for general information purposes only and is not offered, nor should be construed, as legal advice on any specific matter or circumstance. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. You should consult an attorney for advice regarding your individual situation. The information contained in this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship nor is it intended to substitute for the advice of an attorney. This website constitutes Attorney Advertising.

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