Divorce arbitration is an alternative dispute resolution process that allows couples to settle their divorce out of court. It is a structured process involving an impartial third party who helps the couple reach an agreement on issues related to their divorce. The aim of arbitration is to provide a fair and cost-effective solution that is tailored to the couple’s specific situation and needs.
Overview of Divorce Arbitration
Divorce arbitration is a voluntary process which is often chosen when couples wish to have more control over the outcome of their divorce proceedings. Arbitration is conducted in a private setting with the couple, their attorneys, and an impartial third-party arbitrator who will make a binding decision. The couple and their attorneys will present their case in the arbitration, and a decision will be made based on the evidence and arguments presented. The arbitrator’s decision is legally binding and enforceable in court, just like any court judgement.
Arbitration is also beneficial for couples who wish to keep their divorce proceedings private. Unlike court proceedings, which are open to the public, arbitration is confidential. This can be especially important for high-profile couples or those with complex financial issues.
Lastly, the costs of arbitration are usually lower than court proceedings, making it an attractive option for couples who wish to keep divorce costs low.
Steps of Divorce Arbitration Process
The first step of the divorce arbitration process is for the couple and their attorneys to select an arbitrator. This should be someone who is impartial and understands the law. The couple may also have to pay an initial fee to use the arbitrator’s services.
The couple and their attorneys will then present their case to the arbitrator, and the arbitrator will hear the arguments and evidence from both sides. The arbitrator will make a binding decision based on what they believe to be fair and just. The couple should be prepared to negotiate and compromise in order to reach an agreement.
The final step of the process is to obtain a written judgement from the arbitrator. This will be legally binding and enforceable in court. The arbitrator may also make recommendations to help the couple reach an agreement.