Arbitration: An Alternative to a Court Date
In arbitration, both parties agree to appoint another
person, usually an attorney, to settle the issues on
which they cannot agree. These issues can include child
custody, child support, spousal support, parenting time,
and property division.
Both parties must agree to arbitration.
Arbitration works well for:
- Cases in which each spouse wants finality.
- High-conflict cases that the court has trouble scheduling,
because of the amount of time needed to hear the issues.
Once the arbitrator makes a final recommendation, the
settlement is submitted to a judge. The judge must endorse
the settlement, unless the arbitrator breaks very limited
rules.
Advantages of arbitration:
- The parties and their attorneys can choose the arbitrator.
- The arbitrator can, and usually does, work faster
than a judge to solve disputes.
- Appointments are scheduled with the arbitrator;
no other cases compete for attention.
- Sessions tend to be less formal than court hearings;
this sometimes makes people more comfortable and confident
about having their say.
- Attorneys are present to help.
- The parties, not the court calender, usually determine
the amount of time the arbitrator spends on the case.
Disadvantages of arbitration:
- The parties have to pay for the arbitrator's time.
- Some people feel slighted that the court cannot
hear their case sooner.
- Parties lose decision-making ability, since the
arbitrator's settlement is final.
- The arbitrator's authority is determined by the
contract that the parties sign. You need to carefully
consider what issues you want the arbitrator to consider.
- Parts of the arbitrator's decision cannot be appealed.
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