In the legal journey of divorce, couples are often able to agree on most issues. However, it is common for there to be one or a few issues that they simply cannot agree upon. When that happens, litigation is often the default option. In such cases, the spouses end up in a lengthy, costly, adversarial process where they never know who will be assigned to them to decide their case.
In my work supporting families through divorce, I’ve observed that what most spouses truly want is a streamlined and cost-effective method to resolve their unresolved issues. One such option gaining popularity is family arbitration.
Family arbitration is akin to a private specialty court where the spouses and the lawyers retain a private judge with specialization in family law to serve as the adjudicator — just like a judge in public court.
The family arbitrator is a subject-matter specialist, who serves as a neutral arbitrator to resolve any disputes that the spouses and their lawyers were unable to settle.
The issues can include parenting schedules, parental decision-making, child support, spousal support, the matrimonial home, property equalization and post-separation adjustments.
Unlike traditional court proceedings, family arbitration offers speed, expertise, flexibility and privacy.
The spouses mutually select the arbitrator who has expertise in family law. They then design the process and present their evidence in a private conference room or by Zoom. The arbitrator’s decision is swift and final.
Family arbitration offers several advantages over traditional litigation.
Firstly, it is cost-effective and efficient, saving both time and money for divorcing spouses.
Secondly, arbitration proceedings are confidential, sparing spouses from public scrutiny.
Thirdly, family arbitrators have expertise in the issues, the law and the possible solutions to the issues to ensure that the outcome is fair.
Family arbitration provides divorcing spouses with a structured framework to resolve disputes comprehensively. By agreeing to arbitration, couples commit to a process that promotes fairness, ensures expertise and expedites resolution.
This Family Arbitration Agreement empowers the arbitrator to resolve all itemized issues.
While arbitration offers numerous advantages, it is essential for divorcing spouses to understand the implications of signing a Family Arbitration Agreement, such as a bar to returning to court except for an appeal. Consulting with legal counsel ensures informed decision-making and safeguards individual rights.
In conclusion, family arbitration presents divorcing spouses with a viable alternative to traditional litigation, offering efficiency, confidentiality and tailored solutions. By embracing arbitration, couples can navigate the complexities of divorce with minimal delays, stress and expense. However, informed consent and careful consideration are paramount when contemplating family arbitration, ensuring a fair and satisfactory process for both spouses.
Editorial note: This article was first published on LinkedIn in September 2025 and is republished here for reference.
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