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The Divorce Encyclopedia
Arbitration


Term Definition Arbitration - a legally binding, but not, judicial procedure.
Application in Divorce In arbitration, a neutral third party makes judgment on a case.

Arbitration is gaining in popularity as a form of ADR to settle divorce disputes. Essentially the parties hire a private judge who decides the case. An arbitrator settles the issues; he or she does not grant a divorce.

Unlike mediation, neither party can unilaterally terminate arbitration, and both parties are bound by the decision of the arbitrator. The arbitrator is often a third party lawyer or a retired judge who understand the divorce law and procedures very well.

Arbitration is not permitted in some states or provinces.

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