In the throes of divorce, couples often face a daunting array of critical decisions, from parenting, to child support, to the division of assets.
Couples focus on WHAT the outcome will be.
However, the most critical choice that significantly impacts the outcome is HOW to resolve disputes – whether through litigation, mediation or arbitration.
The HOW is often over-looked, and this usually causes unnecessary delay, cost and upset.
Here’s the WHY DIVORCE ARBITRATION is the top choice for separating spouses.
Warning: There are many reasons why divorce arbitration is best and few negative reasons.
Unlike court, the spouses themselves choose the arbitrator, often an expert in family law. In litigation, the courthouse assigns a random judge who may not have any familiarity with family law, little patience, and a long list of other cases to attend to. Your divorce arbitrator works for you, on your schedule and knows your case.
In divorce arbitration, the spouses can customize the process in their arbitration agreements. Spouses can abbreviate the process, skip pleadings, and go right to mediation. Then they can rotate between mediation and arbitration and return back to mediation. Financial disclosure is much faster. Joint experts are more common in divorce arbitration, saving time and money. In litigation, there is almost no flexibility which can prolong the process and add unnecessary cost.
Divorce arbitration is more economical compared to the protracted timelines and expenses associated with litigation. There are many delays baked into the court process such as prescribed timelines, court forms, overwhelming backlogs and a lack of judges. Divorce arbitration is particularly advantageous for divorcing couples seeking a speedy resolution, minimizing legal costs and preserving wealth for the children.
Court proceedings can cause your case to drag on for years and be bounced around from judge to judge. In arbitration, on the other hand, you are assigned one singular arbitrator who will be your case-manager. This allows for a streamlined process that is carefully managed by the arbitrator, with timelines, check-points and follow-up.
Divorce proceedings involve highly personal and sensitive information. All such details are public for the world to know, including your children. Unlike court, arbitration offers privacy, shielding intimate details from public scrutiny and maintaining discretion.
Settlements are much more flexible and customized in divorce arbitration. While judges are bound by strict legal procedures and remedies, arbitrators have the flexibility to tailor solutions to fit the unique circumstances of each family.
Arbitration awards are binding and final, offering closure and enabling spouses to move forward with their lives without the uncertainty of potential appeals. In fact, because arbitrators are subject-matter specialists, their awards are less likely to be overturned on appeal.
It is important to note that both spouses must voluntarily agree to arbitration. This mutual consent ensures fairness and a cooperative approach to resolving disputes.
There are many more reasons why divorce arbitration is favoured by spouses and their lawyers, but as a word of caution: While arbitration offers compelling advantages, it is essential for divorcing couples to very carefully vet the arbitrator, ensure his expertise, investigate any potential conflicts and draft the arbitration agreement including appeal routes methodically.
In conclusion, divorce arbitration offers separating spouses a viable and advantageous alternative to traditional court proceedings. It promotes efficiency, cost-effectiveness, and confidentiality while empowering couples to craft personalized solutions tailored to their unique needs. By opting for arbitration, divorcing spouses can navigate the challenging terrain of separation with greater control, dignity, and respect for their shared history. It represents not just a legal strategy, but a bespoke approach to resolving disagreements.
Consider divorce arbitration is the preferred private dispute resolution process. It is faster, more cost-effective, and confidential.
Editorial note: This article was first published on LinkedIn in July 2025 and is republished here for reference.
Share this article on: