Going through traditional divorce litigation isn’t ideal for many couples as they dissolve their marriage. Trials are expensive public affairs that can take months or even years to resolve. Thankfully, you have options outside of costly litigation. Arbitration lawyers for divorce and family matters can often help in these situations.
For many people, arbitration is a good choice for their divorce or family law case. Arbitration lets both sides advocate for themselves and show evidence supporting their side while avoiding some of the headaches of a formal trial. A family lawyer from the Aberdeen Law Firm can guide you through this process.
What is Divorce Arbitration?
Divorce arbitration is one alternative used to resolve divorce disputes instead of litigation. Arbitration is not as formal as a trial and doesn’t take place in a courtroom. However, these proceedings are adversarial. At the end of the day, the decision made by the arbitrator might not make everyone happy.
Arbitration follows some of the same procedures as a trial. Both sides are entitled to hire a family law attorney, and the arbitration proceedings involve the presentation of evidence. That said, the rules of these proceedings are much less rigid than the rules of evidence in a jury trial.
During the process, the arbitrator will hear evidence from both sides. Typically, each side will also state their preferred outcome. After deliberating, the divorce arbitrator will make a final decision. Arbitration is usually binding.
Arbitration vs. Mediation in Divorce & Family Law
Arbitration is often confused with mediation. These processes are similar, as both are forms of alternative dispute resolution. However, there are important differences.
Mediation is closer to a guided negotiation than arbitration. Unlike arbitration, the mediator does not hear evidence from both sides and then render a decision. Instead, the mediator sits down with both parties—sometimes separate, sometimes together—to try and forge a deal.
This means for mediation to work, both sides have to be able to come to an agreement. It is not unusual for parties to leave divorce mediation without an agreement in place. This differs from arbitration, where the arbitrator typically makes a final decision.
Who Picks the Arbitrator for a Divorce?
When a couple facing divorce decides to go to arbitration, an important issue is the identity of the arbitrator. When divorcing spouses voluntarily agree to arbitration, they typically agree on an arbitrator at the same time.
While arbitrators are generally attorneys with experience in these cases or retired judges, neither is a specific requirement to fill this role.
One of the biggest mistakes made during arbitration is failing to carefully select your arbitrator. For example, an arbitrator with a reputation for favoring husbands in property disputes may not be the best option for some people. One of the benefits of working with the Aberdeen Law Firm is relying on our judgment when selecting an arbitrator.
Is Divorce Arbitration a Good Idea For Me?
Whether or not arbitration is in your best interest can depend on your circumstances. There are significant benefits to choosing arbitration over a traditional divorce trial, but there are some risks as well.
Benefits of Using Arbitration
Many benefits come with arbitration during divorce or family law proceedings. First and foremost, these proceedings are generally resolved much more quickly than a divorce trial. The costs associated with arbitration are also usually lower.
Arbitration also does a better job of protecting your privacy. While court proceedings are held in public, arbitration is done in private. There are also options for the parties to determine how an arbitration is performed compared to the strict rules of the courtroom.
Downsides of Using Arbitration
Arbitration sessions do have some downsides. While this process usually costs less than litigating a divorce in court, it could cost more than other options like mediation. There are also limited options to appeal the final decision than a traditional divorce. Our firm can help you weigh these pros and cons to help you determine the best choice for you.
The good news is that you have the right to choose or reject an offer to arbitrate your divorce case. Our attorneys can also help you negotiate the arbitration terms to ensure you are treated fairly.
It is Vital to Discuss Arbitration With a Divorce & Family Law Attorney?
You don’t have to hire a divorce attorney to represent you during arbitration. However, acting as your own legal counsel during these proceedings is very risky. Arbitration still involves rules and procedures, and failing to comply with them could mean you aren’t allowed to bring in certain evidence.
It’s especially important to seek out the guidance of an attorney when it comes to deciding whether arbitration is right for you. When you work with the team at the Aberdeen Law Firm, you can expect solid legal counsel and guidance on how to proceed. This includes helping you choose an arbitrator.
Most importantly, you have the opportunity to discuss your options with our firm for free. We charge nothing for initial consultations, allowing you to ask any questions you have about your case and arbitration in general. This may be one of the most important legal processes of your life. We can walk you through it.
Explore Your Divorce and Family Law Options with Our Arbitration Attorneys
If you are involved in a divorce or family law dispute, now is the time to consider arbitration. Arbitration could save you time, stress, and money while allowing you to move on with your life.
If you have questions for arbitration lawyers on divorce and family law matters, our firm has the answers. At the Aberdeen Law Firm, we are ready to serve as your advocate and stay by your side throughout the arbitration process. Contact us as soon as possible to discuss your options during a free consultation.