Do the Rules of Evidence Apply to NJ Divorce Arbitration?
Section 15 of the Act provides: “An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality, and weight of the evidence. N.J.S.A. 2A:23 B-15 a. Accordingly, there is no specific requirement that the New Jersey Rules of Evidence apply to a New Jersey Divorce Arbitration. The parties can likewise modify, and they can in fact agree that the New Jersey Rules of Evidence shall apply to their NJ Divorce Arbitration. Under N.J.S.A. 2A:23 A-11 of the New Jersey Alternative Procedure for Dispute Resolution Act, Section d. specifically states that, in alternative resolution proceedings under that Act, the parties shall not be bound by the statutory and common law rules of evidenc
