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Alimony and Divorce – Is Arbitration the Near-Perfect Solution?

Thursday, December, 20, 2012


 

Family disputes contain a particular blend of emotional upheaval and anger that can make any legal issue difficult—this is especially true when it comes to divorce or alimony disputes.  However, in the middle of such disputes, adding the decided lack of user-friendliness of the court system can be a recipe for true emotional, financial disaster.  That’s why arbitration is such a better method of dealing with these issues. 


In arbitration, there are no dockets, no time constraints due to judges’ scheduling conflicts, and no line of other cases before yours waiting to be heard.  In family law arbitration, much of the motion hearing can take place over the telephone or video conferencing.  In divorce or alimony disputes, this distance can be helpful in maintaining the emotional distance and fortitude needed to get the legalities out of the way so that everyone can move on with their lives. 


In the motion hearing, the arbitrator, who is usually a retired family law judge, will look at the evidence and testimony provided by both parties.  In litigated cases requiring extensive dockets, motions, orders and court dates, the amount of time, effort and emotional energy spent in simply getting to a decision can be an exhausting process within itself.  Then, both parties are left in the aftermath of a decision that often weighs heavily on their continued relationship as co-parents or former partners. 


If both sides are willing to accept the fact that there really can be no “wins” in a divorce settlement and accept a fair, non-biased ruling to help them resolve the dispute in the fairest way possible, arbitration far exceeds litigation as an cost-effective, time-saving process that is as legally binding as the court’s decision.  While there are no perfect ways to resolve family disputes, arbitration is often as close as it gets.