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Can a Family Law Arbitrator Also Mediate Our Case?

March 13, 2021 Morris, Downing, Sherred LLP

The general rule is that an arbitrator cannot also be a mediator in a family law arbitration.

The same person serving as both arbitrator and mediator is generally discouraged.

However, because the parties have a lot of control over the arbitration process in New Jersey, if the parties agree, the same person can serve in both roles. Minkowitz v. Israeli, 433 N.J.Super. 111 (App.Div. 2013).

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