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Getting a divorce doesn’t have to be a lengthy, public event where all the dirty laundry from your marriage hangs out for all to see. One way to keep your proceedings quick and quiet is going through divorce arbitration.
Arbitration is similar to a court hearing where the arbitrator plays the role of judge. The arbitrator listens to both sides of the case and makes a ruling. There are advantages and disadvantages of choosing arbitration instead of divorce hearings in court.
Advantages
Quicker Divorce Process
By choosing arbitration, you will get divorced faster than if you went to court. Court schedules are packed with various cases, and it can take months or years for your case to be heard. During a court divorce, each party presents the case and evidence, which takes more time. Moreover if one party contests, you’re looking at a very long and tedious divorce process.
Privacy
Trials and hearings are public records. Anyone can view your dirty laundry as well as your sensitive personal and financial information just by looking in the right place. Private arbitration divorces are not made public and offer more security for you and your family.
Less Hostility
Spouses in arbitration divorce are encouraged to take part willingly and even help come up with an amicable resolution. This results in a better working relationship and a more peaceful divorce. Court-house divorces often result in anger and resentment.
Disadvantages
Ruling is Final
You must abide by the arbitrator’s ruling even if you’re not satisfied. There are very few circumstances that lead to appeal like in court divorces. Generally, the only time an arbitrator’s ruling is appealed is when the procedure itself is deemed unfair or you can prove the arbitrator is biased.
Arbitrator’s Charge
On top of lawyer fees, you would have to pay a private arbitrator to hear your case. This can add up quickly since most charge an hourly fee. Many arbitrators are former lawyers or judges and may ask for a very large hourly fee.
No Transparency
Having your divorce in a private setting has its advantages, but you might be concerned about overall transparency. Arbitration proceedings are rarely reviewed by the court and some worry that this causes bias or tainted outcomes since no one is held accountable.
If you’re looking for to end your divorce quickly and quietly, then arbitration is a good choice. Before entering into arbitration, make sure that you understand both its advantages and disadvantages.










