Divorce Arbitration and Mediation – Pros and Cons
One of the less well-known ways to deal with areas of dispute in a divorce is to arrange for them to be arbitrated. Arbitration involves the appointment of an arbitrator agreed upon by the parties to the dispute and has the advantage of being a process that provides secrecy and a certain outcome. It is also normally faster than alternative methods of settling disagreements, such as court proceedings or mediation – although the latter can also normally be carried out quickly with the willingness of both sides. It is also usually a low-cost method of achieving resolution of a dispute.
The arbitrator must be professionally qualified and, on appointment, will direct the parties as to the evidence required to be presented and set a timetable for the arbitration. The arbitrator’s decision will be binding on both sides and will be upheld by the court unless there are clear grounds on which it should be contested.
It is also possible to mediate some aspects of the settlement and to have other aspects dealt with by court proceedings or arbitration.
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