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Arbitration & Divorce: What Are The Effects It Can Have

Thursday, November, 29, 2012


Many couples in the process of going through divorce proceedings may not want to go through arbitration because they think it will just drag out the inevitable end.  The opposite is true.  A lengthy divorce going through the court may not only take longer, but you will pay for each additional hour your attorneys are spending on your case.  Even if you and your spouse decide on an amicable divorce, issues you may not have contemplated can arise that will affect you both in such a way that all good intentions will be forgotten.  Suddenly you and your estranged spouse will prepare to do serious battle in court.  The ones who lose the most are you and the person you are divorcing.  Arbitration is a great alternative is this situation.

Arbitration can save you time as well as money.   The decision is just as legal as if you stood before the court and a judge decides your fate.  Having a divorce settled by arbitration is much more private than the open court room.  Because arbitration takes place in much less intimidating surroundings, the parties may be more inclined to be amenable to specific demands or certain conditions than otherwise.  The divorce can be settled much more quickly when proceedings occur in private chambers.  You may have your own attorneys present at this time but if finances are short, you may just decide to trust in the arbiter’s sense of fairness.

Divorcing couples are frequently in bitter disputes about everything.  This is often the case because their hurt and anger clouds their reasoning.  When couples can’t see eye to eye regarding the facts and truths of their divorce, they may be more willing to listen to the decisions and explanations from a third party they respect. 

The person handling the arbitration, the arbitrator or sometimes called the arbiter is someone who has had extensive experience in settling divorce cases.  Often, an arbitrator has had many years behind the bench as a judge and has seen the staggering cost of divorce and knows what a financial devastation a divorce can be.  The arbitration process is much simpler and less formal than entering a costly litigation process.  Both parties will speak with the arbitrator about their grievances regarding their marriage and what caused them to file for divorce.  If those grievances cannot be overcome, an impartial third party who specializes in divorce cases may be the best and fairest decision for the divorcing couple.  This is particularly true if the divorce is straightforward without children, custody and child support to consider.