Arbitration in NJ family cases is a practical way to resolve divorce and custody issues faster and more privately than a traditional court fight. You and your spouse (or co‑parent) hire a neutral decision‑maker—often a seasoned family lawyer or retired judge—to hear your case on a schedule that you control. When it’s done right, you avoid months of waiting for court dates, you keep sensitive information out of a public courtroom, and you get to closure with far less disruption.
New Jersey encourages this option. The NJ Supreme Court set out a dedicated framework—Rule 5:1‑5—for how family arbitration should run, and it even provides standard forms so everyone is on the same page from day one.
Quick refresher: what arbitration is (and isn’t)
Arbitration is a private hearing where a neutral hears evidence and makes a binding decision (called an award). It’s not mediation (where a neutral helps you settle); it’s a private trial you schedule yourselves.
In NJ family matters, arbitration is allowed for most issues—money (alimony, equitable distribution), child support, and even custody/parenting time—with built‑in protections for kids. Some topics are off‑limits for arbitration (more on that below).
What you can arbitrate—and what you can’t
Under New Jersey’s family rules, parties may arbitrate nearly all Family Part disputes except a short list that must stay with the court: entry of a Final Judgment of Divorce/Annulment, DCPP matters, domestic violence cases, juvenile delinquency, family crisis, and adoption. Everything else—support, property division, most custody/parenting issues—can be placed in arbitration if the safeguards are followed.
For custody/parenting time, New Jersey’s Supreme Court said in Fawzy v. Fawzy that parents may choose binding arbitration, but the law requires a clear record so a judge can step in only if an award threatens a child with harm. That’s why the court’s family‑arbitration forms reference Fawzy and require reasoned decisions for child‑related awards.
What is Fawzy v. Fawzy?
Fawzy v. Fawzy is a 2009 New Jersey Supreme Court case that says parents may use private, binding arbitration to decide custody and parenting time—so long as child‑focused safeguards are in place. Both parents must clearly agree in writing, the arbitrator has to keep a record and issue a written, reasoned decision, and a judge won’t redo the case; the court steps in only if the award would harm the child or if there’s a serious problem with how the arbitration was run. In short, Fawzy allows a faster, more private way to resolve parenting issues while keeping the child’s best interests front and center.
How you start arbitration in NJ family cases (the paperwork is simple—and important)
To use arbitration in a family case, you sign an Agreement or Consent Order to Arbitrate and attach the Supreme Court’s Arbitration Questionnaire (Appendix XXIX‑A) plus the Arbitrator/Umpire Disclosure form. Courts use these to make sure everyone understands the process, the limits of appeals, and the neutral’s disclosures. These forms are mandatory when you ask the court to assign your case to the arbitration track.
New Jersey even publishes model agreements:
- Appendix XXIX‑B – Agreement to Arbitrate under the Uniform Arbitration Act (UAA, N.J.S.A. 2A:23B).
- Appendix XXIX‑C – Agreement to resolve disputes under the Alternative Procedure for Dispute Resolution Act (APDRA, N.J.S.A. 2A:23A).
Those forms prompt you to choose the statute that will govern your arbitration—UAA or APDRA—because the review rules differ (details next).
Picking the right statute: UAA vs. APDRA (plain‑English guide)
Uniform Arbitration Act (UAA) – If you choose the UAA, New Jersey law lets you expand the scope of judicial review in your written agreement (for example, you can require the arbitrator to issue findings and allow a court to review for legal error). The statute spells out that parties may “expand the scope of judicial review… by expressly providing for such expansion in a record.” The court forms even flag this choice.
APDRA – APDRA is a New Jersey‑specific path that builds in limited, expedited review in Superior Court (generally a 45‑day window to seek vacation, modification, or correction of the award). APDRA expects a detailed award (findings of fact and conclusions of law) to let the judge do that limited review. Think “fast and final,” with only narrow reasons to change the outcome.
Tip: In your agreement, be explicit about (1) which statute applies, (2) whether you want expanded review (UAA allows it), and (3) the form of the award (written, with findings), so you’re not guessing later.
Built‑in kid protections (why Fawzy matters)
The Fawzy decision approved arbitration of custody/parenting time with guardrails. In short:
- Parents can choose arbitration for child issues.
- The arbitrator must create a record and a reasoned decision.
- Courts will not re‑try the case but can step in if the award threatens harm to the child.
New Jersey’s official family‑arbitration forms and guidance call out Fawzy by name to make sure these safeguards are respected.
Ethics and roles: don’t mix mediation and arbitration without consent
One more protection you’ll see in modern family arbitration: the neutral’s role must be clear. In Minkowitz v. Israeli, the Appellate Division warned against a neutral switching from mediator to arbitrator without the parties’ informed consent. Current practice (and Rule 5:1‑5) reflects that caution—your agreement should spell out the role and any transition rules. Later cases continue to cite Minkowitz as a reminder to keep the process clean and fair.
What a typical New Jersey family arbitration looks like
- Sign the agreement (and attach the Questionnaire + Disclosure). If your case is already filed in court, you can ask to move it to the arbitration track.
- Set dates with your arbitrator. You won’t wait months for a hearing—your team controls the calendar.
- Exchange documents (streamlined discovery).
- Private hearing. It can be in person or remote; the arbitrator hears testimony and exhibits.
- Written award. For child issues (and often for APDRA), expect a detailed, reasoned decision.
- Confirm in court (if needed). If one side won’t cooperate, the court can confirm the award and enter judgment, using the statute you selected.
Why clients choose family arbitration (the real‑world perks)
Speed. You set the hearing dates and avoid crowded court calendars.
Privacy. Hearings aren’t in open court, and sensitive financial or medical details stay in a conference room instead of on the public record.
Expertise. You can pick a neutral with deep NJ family‑law experience.
Continuity. One neutral hears everything—no “new judge, new direction” mid‑case.
Kid‑friendly. With Fawzy safeguards, you can resolve parenting plans without putting children into a public courtroom.
Common limits and pitfalls (so you can avoid them)
- Know the off‑limits list. You can’t arbitrate the actual entry of a divorce judgment, DCPP, domestic violence, juvenile, family crisis, or adoption matters. Keep those with the court.
- Be crystal clear about review rights. If you want the option for expanded review, you must opt in (UAA) and say so in the agreement. APDRA has its own narrow, fast review path—usually within 45 days.
- Define the neutral’s role. Don’t mix mediation and arbitration roles unless everyone gives informed, written consent. NJ cases warn against “switching hats” without consent.
- Use the official forms. The Arbitration Questionnaire and Arbitrator/Umpire Disclosure must be attached when you go to the arbitration track. The appendices (XXIX‑A/B/C) exist to protect you—use them.
Arbitration FAQs (quick answers)
Is arbitration really faster than court?
Usually, yes. You control the hearing dates rather than waiting on a judge’s docket, and APDRA/UAA keep post‑award review limited and efficient.
Can we arbitrate custody and parenting time?
Yes—with safeguards. Fawzy allows it if the arbitrator makes a record and a reasoned award. A court may intervene only to prevent harm to the child.
Can I “appeal” an arbitration award?
Arbitration has limited review. Under UAA, parties may agree to expand review in writing. Under APDRA, you have a short window (generally 45 days) and narrow grounds to vacate/modify. Choose your statute and review terms up front.
Is it confidential?
Proceedings are private. If a court needs to confirm the award, some documents may be filed—but you avoid public, in‑court testimony and repeated docket appearances.
Final thoughts (and your next step)
Arbitration gives NJ families a faster, quieter path to resolution—with guardrails the courts recognize. Pick the right statute (UAA or APDRA), use the court’s model forms, and make sure the neutral’s role and review rights are clearly spelled out. Do that, and you’ll trade months of delay for a focused, private process that gets you to a final result.
Want to explore arbitration for your case? We’ll explain the options, draft a rock‑solid agreement (with the right review terms), and help you choose a neutral who fits your facts and budget. Contact Sammarro & Zalarick for a confidential consultation and a faster way forward.
Legal note: This post is general information, not legal advice. Laws and procedures change, and every case is different. For advice about your situation, speak with an attorney.