At the height of the emotional uncertainty that is the divorce process, you may be convinced that the court chambers are the only way to end your marriage. On the contrary – arbitration as an alternative dispute resolution method offers unique benefits and opportunities to resolve your marital disputes amicably. Find out in this comprehensive blog.
What is Arbitration?
Arbitration is a method to resolve divorce terms through a neutral party (the arbitrator) with the authority to make binding decisions. The arbitration process involves the individuals seeking divorce, their respective lawyers, and the arbitrator.
Before the arbitration process begins, all parties formally enter into an arbitration agreement that binds them to the terms of the arbitral award. You will then get a chance to air your concerns and goals regarding the terms of your separation.
After presenting your testimonies to the arbitrator, they will make a judgment, known as the arbitration award. This award details the arbitrator’s decisions regarding the terms of your divorce, including but not limited to spousal support, child custody arrangements, and property division.
With that in mind, here are the top five reasons to opt for arbitration in place of litigation for your divorce:
It Is a Voluntary Agreement
The binding nature of the arbitral award depends on both parties voluntarily consenting to the process. You choose whether to participate. Unlike litigation, where you’re often compelled, you will make critical decisions for yourself here. For example, you have a say in your choice of arbitrator.
Privacy
Arbitration proceedings are, by nature, confidential. Participants must refrain from disclosing any information shared in the proceedings, including testimonies, evidence, and even intricate personal details.
Moreover, these proceedings are protected from public scrutiny, which would not be the case if your divorce were to go through regular public court. Couples unwilling to air their dirty laundry in public will find arbitration more suitable for ending their marriage.
Avoid the Mental and Emotional Pain
Litigation is a lengthy and time-consuming process that often scars relationships. The mental turmoil is not for the parent alone; children who usually have to witness animosity between their parents are frequently left emotionally scarred as well.
“The privacy and delicate nature of arbitration proceedings have made the often arduous divorce experience more bearable for most families,” says attorney Matthew Dolan of Dolan Divorce Lawyers, PLLC .
Consult your family attorney on the suitability of your divorce case for arbitration. They will guide you on what to expect during the process.
Save Cost
The arbitrator’s fee is shared between the parties involved. Furthermore, although hiring legal counsel for advice might incur higher costs, the short arbitration period generally makes the financial consideration better than a lengthy court trial.
Therefore, opting for arbitration is often the better option, at least from a financial perspective. In a court case, not only will you be responsible for the filing fees but also the expensive legal fees, causing financial strain.
Conclusion
The benefits of arbitration are numerous. Not only do you voluntarily consent to the process, but it is also private and, therefore, supportive of mental health. Additionally, opting for this alternative dispute resolution method will save time and money. If you’re considering a divorce, hire a family attorney today to guide you on the arbitration option.
Source: Dolan Family Law Attorneys
