
When you are going through a divorce, not all disagreements need to be resolved through litigation. Some couples choose to hash out certain issues using alternative methods, like arbitration. Divorce arbitration is a bit like going to court, but it offers some key differences like more confidentiality. A Morton divorce lawyer from our firm can tell you more.
Can You Access Records of Divorce Arbitration Proceedings?
If you agree that divorce arbitration will be confidential, then it’s confidential. There are no public records created like there would be if you went through the courts. People cannot go in and see what was said during divorce arbitration sessions later.
This can be beneficial because divorces can be messy. You might say something that you do not mean in the heat of the moment. You can have private matters become public. This method of dispute resolution keeps the negotiations between you, your spouse, your attorneys, and the arbitrator. No one is going to use what you said against you later.
What’s the Difference Between Binding and Non-Binding Arbitration?
When you decide to try out divorce arbitration, you can choose to make it binding or non-binding in advance. This affects your ability to appeal. In non-binding arbitration, you have the chance to appeal a decision you do not like. If you choose binding, the arbitrator’s final decision is the final decision.
Binding arbitration can be beneficial because you know that you are going to actually reach a conclusion. No one can drag things out through appeals. Both parties make their cases and a decision is reached. That’s it. Time to move on.
Why Choose Divorce Arbitration Over Litigation?
There are other reasons to prefer divorce arbitration to other dispute resolution methods. Some perks include:
Speed: This process is essentially a sped-up form of litigation. It takes less time and there are fewer potential sources of delay.
Cost: Divorce arbitration tends to be less expensive than litigation. This is mostly due to the fact that it takes less time. Divorce can be expensive if you only go through the courts, so it’s worth it to at least give this alternative a try.
No waiting on a judge: Family court dockets can fill up quickly, so you could end up waiting a long time for a judge when you go the traditional route. If you choose divorce arbitration instead, you can usually schedule it much earlier than any available court dates.
Plus, there’s the aforementioned confidentiality. Arbitration can be used to settle a wide variety of issues in a divorce, from alimony to child visitation, and it may be a worthwhile use of you and your spouse’s time.
Talk to a Family Attorney
So if you are ready to explore alternative dispute resolution methods, contact Butler, Giraudo & Meister, P.C. and schedule your consultation. We’ll help you and your spouse find the best way to reach an amicable agreement.