Arbitrators can make decisions concerning your divorce and keep you from going to divorce court. Below are the basics of divorce arbitration.
Though arbitration, each of you agree that you are going to hire a private judge, referred to as an arbitrator, for making the same decisions that a judge might make, and that you are going to accept the arbitrator’s decisions as if a judge made them. Arbitration comes with some of the same benefits as mediation does, including quickness, effectiveness, privacy, cost-efficiency, and informality.
Arbitration has been applied for a lot of years in other types of lawsuits, and it’s beginning to gain preference among divorce lawyers as an excellent option to a trial. The arbitrator is typically a retired judge or a lawyer, that you pay by the hour. Both of your lawyers know lots of arbitrators and are most likely going be able to agree on an arbitrator who would be appropriate for your case.
Organizing the Basics of Divorce Arbitration
Just like in a trial, each party organizes arguments and evidence and presents them to their arbitrator, then the arbitrator makes a decision. Nevertheless, the submission of evidence is typically less official than in a courtroom. It’s possible to be able to arrange a hearing with your arbitrator a lot faster than you would get your case to trial, so quickness is a significant advantage. It’s also privatized, unlike a trial, in which is publicly open. (Your court records are still going to be public should you use arbitration, though.)
The expense is another benefit to arbitration; although it’s still costly, it’s not going to cost as much as a trial. Since it should not take long for your lawyer to get ready for the hearing, and the arbitration on its own may be shorter since the arbitrator is not going to be as stringent concerning evidence as a judge would.
An arbitrator’s decisions are generally binding, meaning if you’re unpleased with it, you can’t petition for a do-over and go to court for a second opportunity. Also, you can’t appeal their decision to a higher court, so you’re left with the arbitrator’s decision. Because of the inherent inconsistency of divorce cases, many people aren’t keen that idea—though some might welcome the certainty that arbitration provides.
Arbitration is not attainable everywhere. A couple of states don’t permit arbitration in divorce cases. Verify with a lawyer, when you have one, or with the local court clerk.
Emily Doskow, A. (2013, April 3). Basics of divorce arbitration. www.divorcenet.com. Retrieved July 27, 2022, from https://www.divorcenet.com/resources/divorce/divorce-mediation/basics-arbitration.htm
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