Arbitration is another alternative divorce solution, used when the two parties want to stay out of court and avoid the often lengthy process that accompanies litigation, or who have been ordered by the court to pursue arbitration.
How Does Arbitration Work?
The two parties who seek dissolution meet with an arbitrator, or an attorney who acts as a judge, and their attorneys. There are two types of arbitration: binding, in which the arbitrator’s decision holds, and non-binding, in which a trial may still be requested. The participants discuss their needs and goals, and the arbitrator makes a ruling based on these discussions.
We recommend arbitration if:
- You and your spouse want to minimize time in court and are comfortable with a binding ruling
- You want a ruling figure (i.e. arbitrator) with a level of expertise in a certain area–for example, custody issues
- You want a neutral third party to make a ruling without entering the courtroom
- You want to keep family matters private, since most arbitration can be kept non-public (as opposed to an open courthouse)
- You have plans to move overseas, since most other nations recognize arbitration awards over court judgments (provision of the New York Convention 1958)
Learn more on our Frequently Asked Questions page.