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Definition Arbitration - a legally binding, but not, judicial procedure.
Application in Divorce In arbitration, a neutral third party makes judgment on a case.

Arbitration is gaining in popularity as a form of ADR to settle divorce disputes. Essentially the parties hire a private judge who decides the case. An arbitrator settles the issues; he or she does not grant a divorce.

Unlike mediation, neither party can unilaterally terminate arbitration, and both parties are bound by the decision of the arbitrator. The arbitrator is often a third party lawyer or a retired judge who understand the divorce law and procedures very well.

Arbitration is not permitted in some states or provinces.

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 & Facts
  1. 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.
Additional Resources
Arbitration, Mediation, and Psychoanalysis
Arbitration and mediation are allied processes that have expectable similarities, but also distinct differences. Unexpected parallels emerge when both are compared to psychoanalysis.
Arbitration: Inexpensive, Informal & Decisive
Arbitration is submission of a dispute to one or more impartial persons for a final and binding decision. The parties control the range of issues to be resolved by arbitration, the scope of the relief to be awarded, and many of the procedural aspects of the process. Arbitration is less formal than a court trial. The hearing is private. Few awards are reviewed by the courts because the parties have agreed to be bound by the decision of the arbitrator. In some cases, it is prearranged that the award will only be advisory.
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