By Chris Kramer
In divorce arbitration, an agreed-upon neutral third party known as the divorce arbitrator makes decisions for the couple instead of a judge. Divorce arbitration, another type of alternative dispute resolution, is different from mediation. In divorce mediation, the third party helps with voluntary communication and negotiation while making a decision.
Instead of getting the couple to agree about issues, a divorce arbitrator hears the case. Divorce arbitration is carried out like a trial, and the arbitrator’s decision or award is usually final. Your divorce lawyers should agree on a divorce arbitrator and how he or she will be paid before proceeding. You may want to choose an arbitrator who is familiar with marriage and divorce laws in your state.
Divorce arbitration is typically handled on an expedited basis, meaning less discovery and court procedures than standard litigation. This saves everyone time and money while developing a divorce settlement. Furthermore, dealing with court schedules and divorce paperwork can prolong the divorce process by months; if you choose to go to trial, but arbitration can help cut back divorce waiting periods.
By choosing your arbitrator, you and your spouse can get someone you both know and respect. You and your spouse set rules to follow during the arbitration that you both agree to instead of being obliged to strictly follow the divorce process set in your state divorce laws, and this can make divorce arbitration more flexible.
Although there are limited grounds for challenging an arbitration award, decisions are typically final and difficult to appeal. Divorce arbitration may also be helpful in finding quick solutions for issues that come up after the is divorce finalized.
You need a sufficient level of trust to agree upon an arbitrator and limit the amount of discovery available. In most cases, if people aren't cooperative enough to conduct a divorce mediation, they will probably prefer a trial overseen by divorce court and laws rather than an abbreviated divorce arbitration hearing. Some states may limit the reach of arbitration awards, since divorce courts have the right to the final say in important decisions like child support and child custody.
Figure out if divorce arbitration is a possibility for you by exploring the benefits and limitations of arbitration, as well as other alternative dispute resolution options with the help of a local divorce lawyer. Total Divorce can connect you with a divorce attorney in your area today. Call 877-349-1310 or fill out a divorce case review form to connect with a local divorce lawyer today.