Role of Arbitration in The Divorce Process

Closeup of paper family with mallet on table in courtroom

The process of arbitration permits the couple to come to a final solution on all matters which includes the legal dissolution of the marriage. Family lawyers are an important part of the marriage dissolution process, as they come up with a viable suggestion and advice. Separation via arbitration is similar to litigation in the formality, and that it is a divorce trial. In arbitration, neither of the party sue the other one, and the couple may solve resolve matters amicably in a private format with the little conflict or argument. An arbiter listens to both parties and helps the couple come to a conclusion which is beneficial for both parties. The divorce trial occurs with the mutual consent of both parties rather than at the whims of a judge. Both parties, as well as lawyers, choose an arbiter that oversees the event. The person, arbiter, chosen with mutual consent then receives the specific issues through presented discussion and a case from both spouses. Advantages of Using Arbitration The divorcing couple has the leverage to choose an arbiter rather than an assigned judge to preside over the case. The arbiter usually has an experience in divorce matters. Also, it may even have specific expertise and a knowledge of the areas of conflict that the spouses are likely to go through in the process of dissolution of marriage. Even if the divorce process requires tax assistance, real estate evaluation, and management of an estate-the arbiter chosen has the knowledge regarding how to help the couple. It is strategically important to define the necessary issues within the arbitration process as it will help the case proceed with the least difficulty. Other Benefits of Divorce Arbitration Other benefits of divorce arbitration include the following: The Spouses are able to pick locations, days and times depending upon the schedule of each party. This step is significant in progressing through the divorce process with fewer complications in the attendance for each party involved. The dissolution of marriage process is usually formal, the couple can avail the sufficient privacy away from the public as well as other parties. Secondly, the arbitration process likely to reduce the costs of the divorce procedure. Last but not least, it significantly reduces the time and emotional trauma for both spouses and any children involved in the separation. Hence, in such a situation, a family lawyer is imperative as it helps each person gathers information for the case, and ensure that the spouse’s preparations are available. The Divorce Arbitration Just like litigation or mediation, the couple might use a third party to negotiate the divorce settlement as well as resolve the conflict between the couple. Once the arbiter is selected, each party may proceed with specific issues and goals in the mind. Arbitration normally requires a binding conclusion, which requires both spouses to agree upon the terms negotiated as well as discussed. Therefore, a document signed by both husband and wife will usually end the certain issues within the arbitration for divorce. Any unresolved issue might require another process or arbitration process.