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Divorce Arbitration

 

Divorce arbitration is an alternative to litigation, whereby the spouses present their case in front of an arbitrator.  The arbitrator is a neutral party, who is generally an attorney or former judge with family law experience.  The arbitrator, who assumes the role of a judge, has the power to make decisions in order to decide the case.  Arbitration may help where spouses cannot agree on the resolution of some issues before being divorced.  Arbitration generally takes less time and is less expensive than traditional divorce proceedings.  In choosing divorce arbitration, couples know there will be a resolution at the end of the arbitration. 

 

Spouses wanting to resolve disputes before they are divorced may submit to arbitration.  The spouses are generally able to select the arbitrator, time and place for the hearing.  Both spouses will agree to be bound by the arbitrator’s decisions.  It is usually up to the spouse whether or not to have an attorney present.  Each spouse will be able to tell their side to make their case.  The arbitrator will then make a decision on the issues of the case.  The decision will generally be legally binding and does not allow for appeals except in extraordinary situations.  If the decision is binding, the arbitrator will file the decision with the court.

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Dispute Resolution Topics: (click on each for description)

 

Divorce Mediation

Collaborative Law and Divorce

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