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BENEFITS OF DIVORCE ARBITRATION 

Gruber, Colabella, Thompson, Hiben & Montella > Blog  > BENEFITS OF DIVORCE ARBITRATION 

BENEFITS OF DIVORCE ARBITRATION 

Matrimonial arbitration is today’s solution for couples who prefer an intelligent, economical alternative to the problems caused by expensive and lengthy litigation but are unable to resolve their issues in mediation.

How Arbitration Differs from Mediation

Unlike mediation, where the objective is to reach a compromise agreement between the parties, both parties are represented in arbitration by separate counsel. The arbitrator hears the positions of both parties, determines the facts, applies the law and makes a binding decision which becomes a judgment.

Parties submit their dispute(s) for private determination by an arbitrator, instead of dealing with the delays of judicial determination and public exposure involved in a contested divorce proceeding. Their attorneys meet with the arbitrator, decide together on the matrimonial arbitration process, the timing, the costs, and other matters of concern to the parties and their attorneys.

Confidentiality and Privacy in Divorce Arbitration

Your rights are protected by the same attorney who would represent you in a courtroom. The attorneys agree upon the ground rules for arbitration, often with a more relaxed procedure than a courtroom.

Arbitration is both confidential and private. Neither the proceedings nor the records are available to the general public. The Arbitrator does not have the same duty as judges do, to report certain issues that arise.

You gain more control of the divorce process. You select the arbitrator and choose which issues are to be arbitrated. Both the schedule and the location may be arranged for your convenience, including evenings and weekends if necessary.

Issues including alimony, child support, property distribution, counsel fees, and even custody and visitation can be decided in arbitration. The arbitrator is trained and has expertise in divorce matters. The arbitrator’s decision (often called an Award) becomes a docketed, enforceable judgment in accordance with the uniform Arbitration Act.

Save Time and Money with Divorce Arbitration

Arbitration avoids courtroom delays, resulting in greatly reduced legal fees for both parties.

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