Divorce Help 101
Arbitration
Many times the general feeling at the beginning of a divorce is that most simply want it over. One of the most frequent responses is to just ignore the process and hope that it will go away but the worst thing a person can do is avoid a divorce. However, just because a person finds themselves involved in a divorce doesn’t mean that the only option is court.
There are many other options that are available to help parties work out their differences. Procedures as negotiations, settlement talks with your spouse, mediation, or collaborative law offer the parties the ability to work together to resolve their difference without having the opinion or decision of a third party forced upon them. By making use of these strategies, it is possible to resolve the problems present in a vast number of cases; however, not all cases yield themselves to these resolutions. The good news is that this doesn’t mean that a trial is the only option.
Divorce trials in most states are conducted before judges only, but sometimes they can be held before jury. Regardless of the case being before a judge or jury, the Court doesn’t charge a fee to hear and decide divorce cases. While there is generally no fee charged by the Court, it is not unusual for a trial to cost the parties tens of thousands of dollars in fees for attorneys, experts, Guardians and other trial related expenses.
Most importantly if the case goes to court there is a very high likelihood that the parties in the case will never have any future relationship to speak of as each will view the other as the reason for the trial. While can sometimes be a benefit to having a trial – mainly you have the ability to submit your evidence to an impartial third party and then have that person give a decision in keeping with the law of the state, this can sometimes be a scary proposition as there are no guaranteed results.
However, there is a hybrid of the trial that is available to parties to a divorce which allows them to have the benefit of submitting their case to an impartial third party but without the expense and formality of a full trial. This process is known as arbitration. There are similarities between arbitration and a trial; however, with arbitration the arbitrator is generally a private attorney selected by the attorneys for the parties where a judge works for the state. The arbitration is conducted in a non-judicial setting, a trial at a courthouse.
Prior to the arbitration the parties sign an agreement to arbitrate then the attorneys and the arbitrator may speak to address preliminary matters. At the arbitration evidence will be presented and parties may be cross examined. In many cases the arbitrator will ask questions of the parties. Sometimes the arbitrator will consider affidavits of witnesses rather than taking testimony or hearing from them in person. The submission of affidavits is not possible at a trial as all evidence must be presented in the Courtroom. Following the conclusion of the arbitration, the arbitrator will begin working on his decision or award as it is sometimes called. He may have follow up questions or need additional information and will address this as is needed.
After the report of the arbitrator is issued, generally as a matter of course is it presented to the Court and adopted into an enforceable agreement without modification by the Court.
The advantage to this process is that it is less stressful than a trial and it cost less even though the arbitrator must be paid. Arbitration can be done earlier and quicker than a trial. As well, the parties have control over their decision maker in that they can choose the arbitrator where trial judges are assigned at random. Some states limit the issues that can be determined through arbitration in that some states do not allow issues concerning children to be submitted to arbitration so make sure to speak to an attorney in your state to determine the specifics on arbitration. However, if other options have been exhausted, arbitration provides yet another alternative for resolution.
Disclaimer
There are many other options that are available to help parties work out their differences. Procedures as negotiations, settlement talks with your spouse, mediation, or collaborative law offer the parties the ability to work together to resolve their difference without having the opinion or decision of a third party forced upon them. By making use of these strategies, it is possible to resolve the problems present in a vast number of cases; however, not all cases yield themselves to these resolutions. The good news is that this doesn’t mean that a trial is the only option.
Divorce trials in most states are conducted before judges only, but sometimes they can be held before jury. Regardless of the case being before a judge or jury, the Court doesn’t charge a fee to hear and decide divorce cases. While there is generally no fee charged by the Court, it is not unusual for a trial to cost the parties tens of thousands of dollars in fees for attorneys, experts, Guardians and other trial related expenses.
Most importantly if the case goes to court there is a very high likelihood that the parties in the case will never have any future relationship to speak of as each will view the other as the reason for the trial. While can sometimes be a benefit to having a trial – mainly you have the ability to submit your evidence to an impartial third party and then have that person give a decision in keeping with the law of the state, this can sometimes be a scary proposition as there are no guaranteed results.
However, there is a hybrid of the trial that is available to parties to a divorce which allows them to have the benefit of submitting their case to an impartial third party but without the expense and formality of a full trial. This process is known as arbitration. There are similarities between arbitration and a trial; however, with arbitration the arbitrator is generally a private attorney selected by the attorneys for the parties where a judge works for the state. The arbitration is conducted in a non-judicial setting, a trial at a courthouse.
Prior to the arbitration the parties sign an agreement to arbitrate then the attorneys and the arbitrator may speak to address preliminary matters. At the arbitration evidence will be presented and parties may be cross examined. In many cases the arbitrator will ask questions of the parties. Sometimes the arbitrator will consider affidavits of witnesses rather than taking testimony or hearing from them in person. The submission of affidavits is not possible at a trial as all evidence must be presented in the Courtroom. Following the conclusion of the arbitration, the arbitrator will begin working on his decision or award as it is sometimes called. He may have follow up questions or need additional information and will address this as is needed.
After the report of the arbitrator is issued, generally as a matter of course is it presented to the Court and adopted into an enforceable agreement without modification by the Court.
The advantage to this process is that it is less stressful than a trial and it cost less even though the arbitrator must be paid. Arbitration can be done earlier and quicker than a trial. As well, the parties have control over their decision maker in that they can choose the arbitrator where trial judges are assigned at random. Some states limit the issues that can be determined through arbitration in that some states do not allow issues concerning children to be submitted to arbitration so make sure to speak to an attorney in your state to determine the specifics on arbitration. However, if other options have been exhausted, arbitration provides yet another alternative for resolution.
Disclaimer
