Category: Arbitration
Questions/Answers
Can you use Arbitration in a divorce?
Yes, many divorces throughout the U.S. are settled everyday by mediation. Arbitration is less common than mediation, but it is still used frequently. Divorce mediation has become very popular over the past ten years primarily due to the number of spouses who want to separate in an amicable fashion. The no-fault divorce grounds that many states have adapted have allowed spouses to open up to a friendly or civil split rather than the more conventional litigated solution.
Helpful Tips and Facts
Arbitration Should Not be Confused with Mediation
Arbitration is still an adversarial proceeding, in that there is one side presenting its views, with the other side countering and presenting its views, and both hoping that the arbitrator will decide who is right and who is wrong. An arbitration tends to be less adversarial than a trial, but it is not without contention. The reason it seems to be less adversarial is because of the more relaxed procedure and the more involvement by the spouses.
Arbitration Costs
Arbitration is private, generally faster and less expensive than litigation. It will speed up the divorce process by eliminating the need for an actual trial. You will have costs associated with the arbitration hearing, but they are typically less than court fees and the arbitration process will eliminate excess legal fees.
An Arbitrated Divorce
The spouses hire a private judge who hears the evidence outside of court and decides contested issues. An arbitrated divorce is more civil and provides greater privacy.