Couples seeking a cooperative, less contentious approach to their divorce can opt for collaborative divorce. In this process, which is often quicker and less expensive than traditional divorce litigation, the parties work in a team environment with lawyers, counselors, specialists, and other professionals in order to come to agreement on the terms of their divorce.

When compared with traditional litigation, collaborative divorce is generally less stressful on the parents and their children. Because all parties agree beforehand to resolve the divorce and related issues in a constructive atmosphere, the collaborative divorce process is driven by themes of good faith and fairness in order to agree upon divorce conditions. As with traditional litigation, collaborative divorce addresses all aspects of a divorce, including child support and custody, asset distribution, alimony, etc.

A form of alternative dispute resolution, collaborative divorce is a process that focuses on cooperative rather than adversarial strategies. The spouses are represented by their lawyers, who guide their clients towards the best possible settlement for the family while still providing sound legal advice to the client in interest-based negotiations.

In lieu of litigating their divorce proceedings in a court of law, parties may instead opt for mediation. During this process, a neutral third-party (the mediator) listens to both spouses and guides them toward mutually agreed upon solutions in order to assist the parties to settle their divorce quickly, amicably, and in a dignified fashion. The State of New Jersey encourages mediation, as mediation can expedite the divorce process by avoiding lengthy or delayed court appearances. In addition to being less costly than divorce litigation, the mediation process can also be easier and less stressful on children (if any), as mediation is a facilitative process that enables the parties to retain control over the outcome of their case and engage in creative decision making that ultimately benefits the entire family.

Spouses seeking divorce can also choose to participate in arbitration. During this process, an impartial third party (the arbitrator) listens to both litigants’ testimony and reviews evidence in order to render a decision, which can be deemed binding or non-binding by the spouses before beginning the proceedings. Just as with mediation, arbitration can often expedite and streamline the divorce process by avoiding the need to appear in court. There are also certain circumstances that would render a case more appropriate to be decided by a private arbitrator rather than in a court of law.

Mediation and arbitration are separate processes, and have distinct differences. Arbitration, although performed in a private setting outside of a courtroom, is similar to a court hearing in that attorneys for both litigants present their cases to the arbitrator, who then renders a final decision. Mediation, on the other hand, is a process whereby the parties (or the parties with their attorneys) work together with the assistance of the mediator to formulate agreed-upon decisions about their divorce settlement.