If you and your spouse decide to see an arbitrator to help you with your divorce, you must understand that the arbitrator can make decisions concerning your case. Before you go to an arbitrator, you must sign a document. The document states that you understand that you will be bound by the arbitrators decision. This is the case regardless of your personal feelings about the decision. Once this document is signed, the arbitrator will listen to the case of the husband and that of the wife, and then render a ruling.
Many couples decide to use arbitration because it is usually much cheaper and quicker than taking the case to court. Instead of a judge being appointed to decide if one spouse has been wronged by the other, an arbitrator is hired. The arbitrator will decide how to compensate one spouse for the wrong doing of the other. You cannot appeal the decision of the arbitrator. Once a decision has been reached in arbitration, it will stand. Only under extremely limited circumstances will an arbitrator’s decision be overturned.
Pros and Cons of Arbitration
If you are looking for a faster and cheaper way to settle differences that you and your spouse have in order to get on with your divorce, arbitration might be a good action for you to take. Keep in mind that that arbitrator can make a binding settlement that will be extremely difficult for you to fight if you are unhappy with it. If you feel that you can present a clear, solid case to an arbitrator, you might save time and money by approaching an arbitrator rather than trying to get a court hearing with a judge.
However, if you only want someone who will listen to the problems that you and your spouse face, and help you resolve them in a healthy, unbiased manner, then you should be looking for a mediator. Discuss these options with your spouse and try to come to a conclusion together if possible. If you and your spouse are unsure how to handle your situation, discuss your options with a lawyer. This might help you to make the most informed decision.