Arbitration-An Alternative to Be Discussed with Mountain Brook Divorce Attorneys
A divorce is a very stressful event in any person’s life as Mountain Brook divorce attorneys will freely admit. Even when both parties are in complete agreement that the marriage needs to be dissolved, there are many decisions that must be made, possessions to be divided and the like. How does one go about doing this without litigation? What steps may be taken to make this process as painless for all involved? If you and your spouse have come to an agreement that the marriage needs to be ended, but agree that a court hearing is not necessary, your divorce attorneys may offer a number of alternatives. Before selecting an alternative, you need to know what each process involves as well as the advantages and disadvantages of each. Arbitration is an alternative your Mountain Brook divorce attorneys may recommend.
Arbitration and What You Need to Know Before Discussing It with Your Mountain Brook Divorce Attorneys
Arbitration is a legal process that may be suggested by your Mountain Brook divorce attorneys to settle your divorce. An arbitrator is a third party who will come in, determine which issues cannot be resolved amicably and render a decision on these issues. The process starts with a proceeding which appears in many ways to be similar to a traditional court hearing or trial. After this hearing, the arbitrator will look at all of the facts in the case and come to a decision. There are two types of decisions: binding and non-binding. Discuss the differences of these two types with your Mountain Brook divorce attorneys.
Mountain Brook Divorce Attorneys can Explain the Difference Between Binding and Non-Binding Decisions
What are the basics that should be discussed with your Mountain Brook divorce attorneys? A binding decision can only be overturned if one party is able to prove that the arbitrator exceeded his or her authority, was biased toward one party or made a gross error in terms of the law. A non-binding decision may be overturned if one spouse chooses to appeal and wins. In the event the party who appealed loses, he may be forced to pay the costs incurred by the spouse who won. This service must be paid for and can be very helpful when one issue is holding up the divorce proceedings. Coming to an agreement on which arbitrator should be hired is crucial as you want to ensure a fair settlement for all involved. Arbitrators are often former judges or matrimonial lawyers, but anyone familiar with the law may be used and your Mountain Brook divorce attorneys will be able to make recommendations.
Advantages of Arbitration Which Should Be Discussed with Your Mountain Brook Divorce Attorneys
As Mountain Brook divorce attorneys can testify, divorce arbitration usually moves a divorce case along as there are fewer court proceedings and less discovery. Time and money will be saved and your divorce waiting period may be shortened. Rules are established by both parties and must be agreed to which makes the process more flexible. An additional benefit of arbitration is that it is useful for finding a quick solution if a problem arises once the divorce is finalized. Your Mountain Brook divorce attorneys will be able to tell you of other benefits you may receive when using this process.
Disadvantages of Arbitration Which Should Be Discussed with Your Mountain Brook Divorce Attorneys
After discussing the advantages of arbitration with your Mountain Brook divorce attorneys, you will also need to discuss the disadvantages and how they will affect your divorce. The disadvantages of arbitration are that both parties might not be cooperative, some states may limit arbitration awards and there must remain a level of trust in the marriage for this process to work. If both parties are unwilling to cooperate, arbitration will no be beneficial as the parties must work together for this alternative to be effective. Otherwise, a trial will be needed. Arbitration awards may be limited to certain areas by states, often those concerning child custody and support. Both parties must also be willing to trust that their spouse will be truthful and fair as discovery is very limited when arbitration is used. Keep these in mind and discuss any questions and concerns with your Mountain Brook divorce attorneys.
Mountain Brook Divorce Attorneys and Arbitration-How This Differs from Mediation
When you are discussing arbitration with your Mountain Brook divorce attorneys, make sure you understand how arbitration differs from mediation. Many confuse the two terms, but these processes are different. The main difference between mediation and arbitration is that, in arbitration, the arbitrator has no role in working with both parties to get the case resolved. The arbitrator will listen to both sides and then make a decision based on what he or she has heard. Negotiations and discussions will not be a part of this process as mutual agreement is not the arbitrator’s goal. If this is of concern to you, this should be discussed with your Mountain Brook divorce attorneys because other options are also available.
Mountain Brook Divorce Attorneys Will Help You to Help Yourself
Discuss arbitration with your Mountain Brook divorce attorneys. If you are looking to obtain a divorce and want the process completed quickly with limited conflict, this may be the option that you need. No one knows your situation better than you do. If this alternative to litigation has been suggested and you have concerns, your Mountain Brook divorce attorneys are there to help. You know not only yourself, but your spouse better than anyone who will be at this hearing. If you have doubts that he or she will be truthful or participate fully, this needs to be brought up. Arbitration is not mandatory, but helpful in many cases. When you believe this would do more harm than good, you must speak up. Your attorneys want you to obtain the best settlement possible. They need to be aware of any concerns. Don’t allow your spouse to bully you into doing something you don’t want to as the effects of a divorce can be long reaching. Your Mountain Brook divorce attorneys are there to assist and get this resolved for your benefit so you need to count on them to follow through.
