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What is divorce arbitration?

| May 22, 2020 | Firm News

The divorce process is often time-consuming, requiring you and your spouse to make room in your schedules for court appearances over weeks or months. Divorce is also emotionally stressful, especially if you have to discuss your marital issues in front of a courtroom. 

Arbitration is an alternative to traditional court divorce proceedings that may reduce the duration and emotional stress of the process. 

What is arbitration?

Arbitration is one of several types of alternative dispute resolution (ADR) that may help keep divorce proceedings out of court. This type of ADR may allow you and your spouse to negotiate the terms of your divorce privately, avoiding the potentially negative experience of going to court. 

Arbitration is a type of ADR that is very structured. It requires you and your spouse to present your divorce-related arguments and information in front of a neutral third party in a private setting, rather than in front of a judge in a courtroom. After hearing all of the evidence, the arbitrator makes the final decision about the terms of the divorce agreement. 

What are the benefits of arbitration?

If you and your spouse want to go through an arbitrator, you must work together to agree on which arbitrator you will use. You may also negotiate with your spouse to decide on a schedule and location for the hearings. Your attorney may provide you with information on the rules of the arbitration process so you feel prepared. 

In Connecticut, an arbitrator’s decision is binding, so once it is complete, all you have to do is file the divorce paperwork with the court. Arbitration may give you and your spouse more schedule flexibility during the divorce, and it also helps keep the entire process as private as possible.