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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:
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Massachusetts permits several grounds for divorce, including the traditional fault grounds (such as adultery or incarceration) as well as no-fault grounds, which means a faultless but irretrievable breakdown of the marriage has occurred.
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