Should I Arbitrate My Divorce Settlement?
Unresolved divorce-related matters can be sent to binding arbitration—if the parties agree. Is this the right decision for your case?
1. Have you tried to mediate your disputes?Mediation is the first step towards dispute resolution in a divorce matter--when you can't work it out with your spouse or through your attorneys.
2. Mediation didn't work! What is the next step?If you cannot agree on a resolution of divorce or custody related issues, it's left up to your assigned judge to decide the matter. That could mean a trial.
3. Why chose arbitration?Sometimes parties agree to submit their issues to binding arbitration to avoid a public trial in front of a judge.
4. Can the mediator become the arbitrator?Only if both sides agree. This comes up frequently because the mediator is already familiar with your case. However, if mediation failed, it is typically because one side did not agree with the recommendation of the mediation. So, the likelihood that you will both agree to use him or her as arbitrator is slim.