FAMILY LAW SOLUTIONS FOR YOUR FUTURE
Arbitration Is Voluntary, But Binding
Arbitration during a divorce is a voluntary process and takes the place of a trial. Unlike mediation, a judge cannot order parties to arbitrate. Further, unlike mediation, it is binding and can be appealed only under limited circumstances.
Quick Arbitration Facts
If you are interested in the collaborative divorce process, then you will want to learn more about arbitration. In our state:
- You and your attorney pick the arbitrator. Often, the attorneys on the case will know of a family law attorney who handles arbitration.
- It can be much more informal than a trial, and you can relax the rules of evidence with regard to exhibits, hearsay and testimony.
- It is done in a friendly environment. Most often the arbitration will be held at a law office. This environment is far less is less frightening than the formal environment of a courtroom.
- It is still less expensive than a trial because you can streamline the process.
- You are waiving your right to a trial in a formal environment
- If you want your day in court, arbitration is not for you. Be aware, however, that your day in court will cost a great deal more than arbitration. Further, the judge may not like what you have to say. In arbitration, you have more of a chance to get your point across and explain situations that have occurred.