Ask a Family Law Attorney: Is Arbitration Right for My Divorce?

family law attorneysAs you prepare for your upcoming divorce in CA, it’s likely that you’ve heard of or even explored alternate dispute resolutions. After all, typical divorce proceedings can be slow and expensive, and sometimes a divorce lends itself to a simplified process.

Today, we’re looking at one of these alternative routes: arbitration. There’s many similarities between arbitration and the usual divorce procedure, and it can help to view arbitration as a shorter formal divorce. Instead of a judge, the case is heard by an arbitrator. Once he/she has heard both sides and examined the relevant evidence, the arbitrator then hands down a legally-binding ruling. 

Arbitration has its benefits, but it also comes with its own limitations. To help you decide if arbitration makes sense for your divorce, here’s a quick breakdown of the advantages and disadvantages.

Benefits of Arbitration

The biggest benefit that arbitration carries is that it’s a faster and simpler process that saves everyone time and money. The procedures and rules are easy to understand and follow, and both parties are encouraged to work together. This often leads to more civil, productive interactions.

The process itself is more flexible and you get a say in who gets assigned as arbitrator for your divorce. Another important advantage is that arbitration keeps the proceedings private and away from the public eye.

Disadvantages of Arbitration

With that said, there’s downsides to arbitration that you should be aware of. One major potential issue is that, once the arbitrator hands down  a ruling, the decision is set. There are no appeals, which can also make the process feel less objective. What the arbitrator says goes.

This can also lead to one-sided affairs where one party has an advantage over the other. If you’re worried about getting the short end of the stick, traditional divorce proceedings might offer a more even playing field.

Reach out to a Skilled Divorce Attorney in CA

As we’ve said before, there’s no easy one-size-fits-all solution for divorce proceedings. Each case carries its own circumstances and it’s important that you assess all of your legal options before you set things in motion.

If you want to learn more about arbitration, divorce proceedings, or any other matter involving family law in CA, count on us at R & S Law Group, LLP. We’re here to answer all your questions and offer free initial consultations.