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Understanding Divorce Arbitration

Note:If you are facing divorce you are probably feeling a lot of uncertainty. This article will take away the uncertainty about Divorce Arbitration. It is intentionally short and to the point.

Arbitration is the most efficient and effective way for parties to resolve stalemates in divorce negotiations; regardless of whether those negotiations are in the Adversarial, Collaborative or Mediation process.

Trial-in-Court is NOT the only alternative to negotiation impasse.

Trial-in Court means using a judge you have not chosen. Trial-in-Court means following rules and procedures that delay resolution. Trial-in-Court means not controlling the time and place of the court trial. Trial-in-Court means not having control over when a decision will be made. Trial-in-Court means publicly "washing the family laundry". Trial-in-Court may mean an appeal and almost certainly more costs and acrimony.

Arbitration is used in connection with Adversarial Divorce, Collaborative Divorce, and Divorce Mediation. Your attorney assists you in the preparation of the arbitration agreement and the selection of the arbitrator. (Both are relatively easy procedures for an experienced attorney.) In some cases, your attorney will represent you at the arbitration hearing.

When you and your spouse agree to Arbitration, the two of you and your respective attorneys:

  • Hand pick the Arbitrator;
  • Set rules tailored for your hearing;
  • Set the day, time and location of the hearing;
  • Set the length of time the Arbitrator will have to make a decision;
  • Make the hearing private; and
  • Prevent appeal.


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