Divorce Dex.com: Binding Arbitration

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Definition Binding Arbitration - conflict resolution in which the parties agree in advance to comply with the decision of the arbitrator.

Application in Divorce Arbitration is a method of resolving disputes that involves the decision making of a third neutral party. This person is someone who is not connected with or does not have a special interest in either side of the dispute. This person agrees to hear all the issues at hand and to make a decision as to the merits of each side’s stance on the issues. This person who is hired to lead the arbitration hearing is usually a lawyer or at least an individual that is familiar with the law and past court rulings.

When couples use binding arbitration, they are bound by the finding of the arbitrator. This is very similar to litigating a case through the court, but it is a less formal atmosphere. Arbitration is a popular method of resolving legal issues in and outside the divorce arena.

See ADR.

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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.

Contributed on 5/17/2007 by: DivorceDex.com Staff
Category: Arbitration (Applicable in All States)

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