Why do some divorcing couples use arbitration?

On Behalf of | Jan 4, 2023 | mediation | 0 comments

It is not a given that you must have your divorce settled in a courtroom. A couple seeking to end a marriage may choose an alternative method of resolving their issues, such as arbitration.

Arbitration is not the same as mediation. While mediation allows couples to settle issues through discussions with the help of a mediator, arbitration uses an arbitrator to hear arguments from both spouses and hand down a binding decision. The North Central College explains some reasons why couples may opt for arbitration.

The need for a solution

Some mediations end without a couple coming to an agreement. While you and your spouse may want a solution that does not involve going to court, you know that the two of you have problems working out disputes and need someone to decide issues for you.

The stakes may also be high enough that you require a resolution as quickly as possible. In your estimation, a courtroom trial could take too long. Thanks to the less complicated nature of arbitration, an arbitrator can come to a decision in a quicker period than a judge.

The complexity of the issues

Some divorces involve complex problems, such as how to deal with highly valued assets and investments. Even a judge might not fully understand the issues at hand. Divorcing couples sometimes turn to arbitrators who are family law experts to resolve their problems.

Even couples who do not need to resolve difficult questions may still want an arbitrator for a specific need, such as child support modification. Between arbitration and mediation, alternative resolution methods hold different options for couples seeking to avoid divorce court.

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