Arbitration, like mediation, is a form of alternative dispute resolution that can help you wrap up your divorce without having to go through the usual lengthy proceedings. Unlike mediation, however, the process is a bit more formal and the arbitrator ends up handing down a “ruling” after hearing both sides of the argument.
Unlike typical divorce proceedings, arbitration is a much faster process that encourages discussion among both parties while ensuring that a legally-binding resolution is handed down. Today, we’re looking at the benefits and disadvantages of arbitration to help you determine whether this route makes sense for your California divorce.
Benefits of Arbitration
The main benefit that arbitration brings is that it is speedy and a bit less formal than traditional divorce litigation. You and the ex also get to choose who the arbitrator is, giving you some control over how the proceedings will unfold. The arbitrator can make difficult decisions on your or the other person’s behalf, which keeps the process moving.
Another major benefit is the simple fact that arbitration is a more private matter. Unlike usual divorce proceedings, arbitration proceedings are not available to the public.
Disadvantages of Arbitration to Consider
There are several downsides to be aware of. For one, arbitration doesn’t have a formal evidence process, which puts all of the weight on the arbitrator to make a decision based on any evidence presented at the hearing. This could lead to a less objective outcome. Furthermore, there’s no proper appeal process, which means you might be stuck with the finalized arrangement whether you’re happy with it or not.
Finally, the lack of publicity might actually be a downside, especially when one spouse is heavily disadvantaged or has the case stacked against him/her.
Learn More By Speaking With a Divorce Attorney in CA
Arbitration is a great tool that can work for you if your circumstances line up just right, but it’s important that you consider all your divorce options before moving forward. To do this, you should always consult with a knowledgeable family law attorney.
If you want to learn more about what we at the Law Offices Of James P. White can do to help you navigate your divorce and family law matters in CA, give us a call today. You can reach us at 925-271-0999 to schedule a free initial consultation.