The Process of Divorce Arbitration

Posted by in Divorce on Aug 13, 2017

Couples pursuing divorce may be able to significantly simplify the dissolution of their relationship through divorce mediation or arbitration. These processes involve both partners resolving their divorce agreement through an impartial, third-party mediator or arbitrator, allowing both spouses to reach a fair, equitable resolution to end their marriage.

Divorce arbitration is one of three types of alternative dispute resolutions in divorce; the other two are mediation and litigation. In settling divorce issues, such as child custody, visitation rights, child support, spousal support or alimony, and division of property, assets and debts, arbitration offers the following advantages:

  • A speedy divorce process. As soon as the spouses and the hired arbitrator agree on the date, the place, the issues to be settled and all other conditions surrounding the arbitration, then everything can be expected to proceed much faster than a court litigation.
  • Convenience. Unlike in court litigation, where spouses can only follow the hearing scheduled by the court, in arbitration the schedule can be set by the spouses themselves.
  • It finalizes disputes. ┬áThe decisions on all divorce-related issues that will be made by an arbitrator are binding, even if both spouses find these disagreeable. These decisions cannot be appealed to a higher court, making both spouses stuck with all decisions made.
  • Privacy. Unlike court litigations, which can be heard and witnessed by anyone, arbitration is private process, allowing the spouses to keep their past activities hidden.
  • Flexibility and Informality. Aside from being able to choose the arbitrator they want, both spouses can also set the rules of the proceeding, as well as the issues the arbitrator will decide on. This particular advantage also allows the spouses to present their arguments whenever they want.

Arbitration has been used as an alternative dispute resolution for many years; however, not all states recognize it. Couples who want the advantages offered by this procedure will need to ask a lawyer first if this particular divorce process is available in their state.

An article posted in a website with the address, says, however, that pursuing mediation or arbitration may not be right for every couple, despite all of its advantages. Couples who wish to avoid contentious and drawn-out divorce proceedings, though, are well advised to pursue divorce mediation and/or arbitration, which is extremely beneficial.



Leave a Reply

Your email address will not be published. Required fields are marked *