An arbitration divorce involves making use of the alternative dispute resolution system available in the US court system. An arbitration divorce is similar in some ways to divorce litigation. An arbitrator, like a judge, hears your case and makes a ruling on that case. The ruling is generally binding- which means you are required to abide by it, as if it were issued by a judge, and it is backed by the support of the court. Arbitration divorce should not be confused with divorce mediation, which is voluntary and which involves a third party helping the spouses to get together on issues and settle issues themselves. An arbitrator makes a ruling and you are stuck with it, while a mediator leads you around to make your own decisions. Arbitration divorce can be very useful in certain situations, so it is important to carefully consider the pros and cons of an arbitration divorce.
The Pros of an Arbitration Divorce
There are several benefits to an arbitration divorce:
- You can get divorced faster: Litigation can be delayed because of over crowded court dockets and you may have to wait months or even years for a judge to hear your case. Litigation can also drag on for months or years once it gets to court, as each party fights things out and presents evidence and argues their cases. With arbitration, there is usually no wait to get started. It is not a trial so the process moves more swiftly. The speed of arbitration can be a great relief to couples who just want things to be over.
- Arbitration is more private: Trials can become court record and public record- this means people can see information about your assets and can learn other personal information about you and your spouse. This is not the case in private arbitration.
The Cons of an Arbitration Divorce
- You are stuck with what the arbitrator says, even if you are very unhappy. You often are unable to appeal the ruling either, unlike when a judge makes a ruling, unless there was some type of procedural unfairness or irregularity, such as a biased arbitrator.
- You have to pay for the arbitrator. The arbitrator usually charges on an hourly basis. Often, a former judge or attorney will act as an arbitrator, and they may command a very high hourly fee.
Getting Help
If you are considering divorce arbitration, the best thing to do is to talk to your divorce lawyer. He or she can help you decide if arbitration is the best option in your case or if you are better off litigating the case in front of a judge.
