No matter how amicable your split, no matter how much you and your ex agree to get along for the sake of the kids, there will inevitably arise a sticking point in your divorce. You will disagree about how something – or several things – should be settled. When this happens and divorce negotiations reach a stalemate, divorce arbitration can be your best friend.
Benefits of Michigan Divorce Arbitration
Both divorcing parties and their respective attorneys meet with the arbitrator who is presented with the difficult issues and then conducts a hearing. As alternative dispute resolutions go, divorce arbitration can be incredibly helpful to divorcing couples. Here are just five reasons why:
- Avoid court: Arbitration saves you from having to go to trial to settle a difficult issue that has arisen in your Michigan divorce proceedings. By going to arbitration, you avoid court, interactions with the judge, and instead agree to abide by the judgment of the arbitrator.
- Legally binding: An arbitrator acts like a third-party judge. He or she hears the dispute in your divorce case and renders a decision by which both parties must abide. The result of arbitration is legally binding, just like any courtroom decision would be.
- You set the terms: When you are at the mercy of the court and a judge’s availability, you must be where they say you should be when they tell you to be there. In arbitration, you have control over the date, time, and place of the proceedings, so it is more convenient to all parties involved. You also get to choose the arbitrator who is most suited to the matter you’re debating, define the procedure that is followed, and give the arbitrator a deadline to render his or her decision.
- Privacy: Any matter that is discussed in arbitration is done so privately, unlike a hearing in a public courtroom. Any documents related to arbitration are not available to the public like other family court documents. This fact is often great motivation for a divorcing pair who wants to keep their business private.
- Final: Any matter decided in arbitration can usually not be appealed, unlike matters decided in court. This is a pro and a con, depending on whether you get what you want out of the arbitration. Ultimately, decisions decided through arbitration require the parties to accept the award rendered and move on from the matter to keep their divorce on track. The last thing anyone wants is to drag out the divorce more than necessary.
Divorce Arbitration or Mediation?
Divorce mediation also involves a third party – a mediator, instead of an arbitrator. This person assists in negotiating all the terms of a divorce to make sure both parties get a fair outcome. The mediator, however, does not have any legal authority to render any judgments, nor can they give legal advice.
In short, choosing mediation can help you have an amicable divorce, but you still need the help of a divorce attorney, and you may want the assistance of an experience arbitrator, especially when you reach an impasse in your divorce proceedings.
Ready to learn more about arbitration and Michigan divorce? Contact the family law attorneys at Michigan Divorce Help in Macomb, MI, to schedule a meeting.