When two spouses go through litigation during their divorce, much of the process is public record. This can pose a problem for some people if they want to keep their business private and out of the public eye, whether for their children’s sake, because they are a public figure, etc. There are several other options available to ensure a divorce remains confidential, like mediation, collaborative divorce, and arbitration. To learn more about your options and rights, reach out to a Bergen County family lawyer today.
What is Arbitration?
In a divorce, arbitration can be used as an alternative dispute resolution (ADR) technique. It is a private alternative option to litigation and allows couples going through a divorce to resolve relevant issues without going to court.
Arbitration is still a type of trial, but instead of hashing out the details of your separation in a public courtroom, you and your spouse will meet with an arbitrator in a private setting. An arbitrator is a dispute resolution specialist who acts as an impartial third party to hear and decide on various conflicts, in this case, the issues related to divorce.
Hearings will operate similarly to litigation. Both sides will have the opportunity to present their case and express their desires and concerns for the outcome of the divorce. Evidence will be submitted and relevant individuals can testify.
Is Divorce Arbitration in NJ Confidential?
Yes, divorce arbitration is a confidential process in New Jersey. The only piece of information that is generally shared outside of the private hearings is the arbitrator’s financial decision on all relevant matters. Property division, debt distribution, alimony, child custody, and child support decisions must be entered into the divorce agreement for the divorce decree to be issued. The divorce cannot be finalized until a judge reviews the agreement and implements the court-ordered decree.
Information shared during hearings including personal testimony, financial information, personal records, and other private information is kept confidential through this process as only the final decision is relevant. Privacy is a major selling point for couples considering arbitration.
Can Information from Arbitration Ever Be Shared?
Although the information shared during arbitration hearings is kept confidential under state law, some circumstances overrule this standard. If both parties agree in writing to share information then confidentiality can be breached.
Additionally, if any information gleaned during arbitration is necessary for a legal reason then the arbitrator will have no choice but to share the information, regardless of how personal it may be. For example, financial records or testimony could contain information that proves that a crime has been committed or that criminal activity is ongoing. The information could be subpoenaed if there is a reasonable belief that the information includes evidence of the crime.
While arbitration is generally confidential, it is important to understand the limitations on the privacy the process offers. Contact a skilled attorney to set up a consultation today.
