While divorce can be a trying experience for any spouse, a non-collaborative divorce is perhaps one of the most difficult because of the lack of cooperation between partners to effectively divide property and establish schedules for child custody. A lack of cooperation between spouses increases the emotional stress of both parties. Therefore, an alternative dispute resolution for struggling spouses undergoing the divorce process who would prefer to stay out of the court is the use of an arbitration service.
What is arbitration?
Arbitration is the use of an effective neutral mediator to make a lawfully binding decision under the consent of the parties submitting their dispute. The parties in conflict choose an arbitration service or arbitrator and willfully submit their dispute under a confidentiality agreement. The arbitration service then makes a decision regarding the dispute after which the parties agree to the arbitrator?s decision under the law.
What are the benefits of seeking an arbitration service?
Because divorce court can be messy when both parties are uncooperative, the use of an arbitration service can have a myriad of benefits such as:
Arbitration can be decided in regards to the schedules of both parties, whereas in the case of litigation the court simply makes a date and both parties are required to make an appearance regardless of previous engagements or work.
Taking place in the conference room of an attorney, arbitration is a private matter between parties and the arbitrator. No audience is present unlike in the case of litigation where any number of people may be present in the courtroom. For parties who would prefer to keep their information private, arbitration may be the optimal choice especially in the case of divorce where one or both parties were disloyal.
Parties may behave differently when forced to appear formal in the eyes of the court. When utilizing an arbitration service, that formality is broken down in the privacy of the attorney?s conference room and therefore both parties may feel less on their guard and therefore more open to negotiation.
Unlike litigation, arbitration is a relatively quick process. Once a date is decided by both parties, an arbitrator makes a final decision on the dispute as an experienced mediator and the dispute is finalized and resolved.
Going through a divorce can be a difficult process especially when facing an impasse. If you?re seeking a legal resolution that is quick, fair, and private then the use of an arbitration service may be the most beneficial option rather than that of mediation, which is not legally binding, and litigation, which may be slow and inconvenient.