A divorce arbitration is a legal decision voluntarily agreed to by both parties of a divorcing couple. The process requires the divorcing couple; their divorce lawyers; and an independent party, a certified arbitrator, who acts as a sort of private judge.
In divorce arbitration, divorce lawyers present your cases to the arbitrator, who listens to the facts as your divorce lawyers present them. You and your spouses’ divorce lawyers are free to present evidence and plead your cases, and your case’s arbitrator will help you to communicate with each other and identify and address each party’s concerns and wishes.
Once the arbitrator has heard from both sides—concerning the divorcing couple’s property, children, and so on—he or she will then make a ruling, just as a judge would.
Because individuals have a Constitutional right to access to the Courts, the Court cannot force an individual into binding arbitration, but it can require him or her to participate in mediation (where there is no requirement that the case settle). It’s extremely uncommon for a Court to compel parties to participate in non-binding arbitration.
Arbitration is an expensive process and not worth doing if it is not binding, because generally one party will like the ruling and one party will not. However, the parties can agree to participate in binding arbitration by entering a Stipulated Arbitration Order, and if they do, then the arbitration ruling will be binding whether or not the parties like it.
If you are part of a divorcing Albuquerque couple and are still able to negotiate with your spouse, divorce arbitration can be a relatively simple procedure taken care of fairly quickly between you, your spouse, your divorce lawyers, and an arbitrator.
Instead of waiting for a judge to eventually get to your case weeks or months or, in extreme cases, even years, you can get the process moving along immediately.
Divorce arbitration has many benefits, but may not be right for everyone. An experienced divorce attorney can help you determine if your case can benefit from legal arbitration.
The divorce lawyers of Cortez & Hoskovec, LLC are knowledgeable, compassionate, and experienced. We will work to find solutions to make you and your spouse happy. We work hard to get things done efficiently, painlessly, and fairly. We will keep you and your children’s interests always in mind, as we help to find you the best possible resolution in this difficult and challenging time. Contact us here at Cortez & Hoskovec, LLC, in Albuquerque, to get started.