Although we tend to think of divorce as an adversarial process between two spouses, an increasing number of couples are discovering that dissolving their marriage doesn’t always require a protracted, costly, and bitter courtroom confrontation. If a couple is willing to work together to reach a mutually beneficial settlement agreement, they can pursue an alternative dispute resolution (ADR). One option you should consider is arbitration. If you are unfamiliar with this process, please continue reading to learn how it works and how our dedicated Monmouth County Divorce & Separation Attorneys can help protect your interests.
What is Arbitration?
Arbitration is an alternative dispute resolution (ADR) method for resolving marital disputes outside the traditional court system. Through this process, you and your spouse will meet with a neutral third party, an arbitrator. While this may sound like mediation, there are several distinctions. Mediation relies on negation, in which the mediator helps couples comprise and work together to come to a mutually satisfactory conclusion. However, the arbitrator isn’t there to help you resolve your disputed issues. Instead, arbitration procedures are more formal. Arbitrators will examine the facts and evidence submitted and render a decision about your case. The results decided by the arbitrator are similar to how a judge would rule on a decision. It differs from mediation, in which you and your spouse remain in control of the outcome of your divorce.
Will the Details of My Divorce Remain Private?
Unlike traditional litigation, arbitration is a private process. When you go through the court to determine the terms that will apply to the termination of your divorce, all of the details you share will become public records. This means anyone can assess the sensitive information about your divorce like child custody or domestic abuse allegations. During arbitration, your personal and financial information will remain confidential. If you want to be discreet about the details of your divorce, arbitration will help protect your privacy.
Before you make any decisions regarding your divorce, it’s in your best interest to consult an experienced attorney from Paone Zaleski & Murphy, who can help you determine the best course of action given the unique circumstances of your situation. In some cases, arbitration is not feasible. For instance, if domestic violence exists in a marriage, this ADR method is not right for you. This is because domestic violence in a relationship can have various legal implications and affect the outcome of your divorce. Therefore, allowing a judge to determine these matters is best. Connect with our firm today to discuss your case and what we can do for you during these tough times.
