ARBITRATION IN DIVORCE
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
- 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.