Divorce Arbitration: Process, Benefits and Arbitration Lawyers
When most people think of legal battles they picture lawyers fighting back and forth for years or various parties in front of a judge or a jury sorting things out. What they may not know, is that arbitration is another option. It is an option that has proven successful and has many benefits, as opposed to long-drawn out court battles.
The Arbitration Process, Pros and Cons
Arbitration can be used for many different legal battles; from divorce and child custody, to personal injuries and medical malpractice. It’s like a private trial with less procedural formalities, which can make it a more comfortable and less intimidating process for divorcing couples and their families.
The arbitrator, usually a lawyer or a former judge, tries to get each party to see the weaknesses and risks in their case. The arbitrator has studied the case and each side prior to the process of arbitration. Based on their career in law, they can detect the strengths and weaknesses of each case and even predict what might happen in the court of law.
Each party may feel that the arbitrator is being unfair, though he or she has a duty to try to get the parties to meet in the middle. It is also the job of the arbitrator to get the parties to see how a potential jury or judge may view their case. Arbitration is a lot of back and forth between the involved parties, and therefore can take some time.
Divorce arbitration process in a nutshell:
- Spouses choose an arbitrator.
- Parties sign an arbitration agreement.
- Preparing your case with the help of your lawyer, exchange of evidence.
- Arbitration hearing
- Arbitral award (decision)
- Appealing the decision, however, options are limited.
Advantages of Family Arbitration
Arbitration is usually a process lasting a few hours to several days. It is typically faster than court litigation. Parties can schedule hearings at their convenience, potentially reducing the time and emotional stress associated with a lengthy court process. The involved parties can be in the same room or in separate rooms, depending on their comfort levels and the issue at hand. The process is more adaptable to the unique circumstances of the divorce dispute.
Arbitration proceedings are private and confidential, which can be particularly important in divorce cases where sensitive personal and financial information is involved.
While there are costs associated with divroce arbitration, they can be more predictable and manageable compared to court litigation. Parties can agree on cost-sharing arrangements and limit the scope of the arbitration, which can help control expenses.
Disadvantages, Limitations
- The arbitrator’s fee is an out of pocket cost (while you don’t have to pay for the judge at court). If there are several items at dispute it may get more expensive than traditional court proceedings.
- Sometimes, the formalities in court are needed. In highly contested divorce cases the official discovery process, evidence rules, and other court procedures might be more effecticve to solve the problem.
- Legal aid is not ussually available for family arbitration.
- Arbitration is not the right dispute resolution process when there are power inbalances between the parties. Before entering the arbitration process, spouses should undergo separate interviews with a specially trained individual to determine if there is any sign of domestic violence or other inaqualities.
As tedious as arbitration may seem, a court battle will be even more drawn out and emotionally trying. Arbitration can bring the parties into an agreement to settle out of court. In the long run, arbitration can be significantly less costly than a court battle. It can also help the parties maintain some dignity and decrease their exposure and risk, as opposed to going public in front of a judge and jury.
For many legal battles, arbitration is a win-win situation, where both parties can walk away feeling like they have been heard, decreased their costs and got at least some of what they wanted. Going all the way to court could end up costing a large amount and leave one or more parties without anything in the end.
How an Arbitration Divorce Lawyer Can Help You
Family arbitration lawyers are experienced in the field of alternative dispute resolution and have a deep understanding of arbitration and mediation procedures. They can provide you with valuable legal advice and can help you develop a strategic approach to your divorce case. They can assess the strengths and weaknesses of your position, advise you on the best course of action, and help you make informed decisions throughout the process.
Arbitration often involves a significant amount of paperwork and documentation. An arbitration lawyer can assist in preparing and organizing the necessary documents, ensuring that they meet the required legal standards.
Arbitration lawyers are trained negotiators. They can engage in settlement discussions to try to reach a favorable resolution for you.
Your divorce lawyer will protect your rights throughout the arbitration process, ensuring that you are treated fairly and that evidence is properly presented.
Free Consultation with Arbitration Lawyers in Toronto
If you are in the GTA and contemplating divorce through arbitration or other alternative dispute resolution (ADR) you should consider contacting our family lawyers in Toronto for skilled representation and advocacy. No matter your legal battle, you can probably benefit from the services of our arbitration lawyers in Toronto. Although it is always preferable to negotiate a resolution of the issues arising out of a separation, our divorce attorneys are prepared for litigation. We go to family court when necessary to fight for your rights in a contested divorce.
Schedule a free consultation with one of our family arbitration lawyers to asses you situation and options.
Other Alternative Dispute Resolution Options
Alternative Disputes – Slide Deck