Divorce Arbitration Attorneys
There are four alternatives to going to divorce court to have a judge decide who should get what and who should pay what to whom.
- The parties reach an out-of-court settlement.
- The parties reach a settlement in mediation.
- The parties reach a settlement using the collaborative law model.
- The parties use divorce arbitration.
In the first three alternatives, the divorcing spouses get a say in how their case will end. They negotiate until they can reach a resolution that both find acceptable.
Arbitration is different. It is the same as going to court, except a private judge – an arbitrator – makes the decisions. Arbitration can be considerably less costly and quicker than the traditional divorce legal system and its evidentiary rules are less strict.
Generally, the arbitrator is selected by the parties’ attorneys.
The soon-to-ex-spouses sign a binding Arbitration Agreement, a full Hearing takes place, and the arbitrator issues a Ruling that is transformed into a final judgment, which is entered in Court. If a party is unhappy with the Ruling, he or she has little recourse.
Arbitration clauses have become quite common in almost all on-going and other commercial transactions, e.g., contracts, leases, employment agreements, etc.
However, arbitration is not commonly used in divorce. When it is used, the arbitrators typically require both parties to have attorneys present throughout the process. In addition, they are reluctant to rule on custody or other parenting issues. Arbitrators do not have the same expertise as mental health experts and are limited in their ability to determine what might be in the best interests of the children involved.
Contact A Divorce Arbitration Lawyer For Help
Both of our attorneys, J. Richard Kulerski and Kari L. Cornelison, accept arbitrator appointments and referrals from other members of the Divorce Bar.