Marriages often don’t end amicably. That doesn’t necessarily mean most divorce filings end up in a contentious court battle, though. Some couples might benefit from court litigation, but many others manage to reach a fair arrangement through mediation or arbitration. A family law attorney will tell you these forms of alternative dispute resolution (ADR) have many advantages, but not everyone is aware of their benefits when they initially file.

What Is Arbitration?

Arbitration can be a valid approach for resolving civil law disputes. Regarding family law, for example, it might apply when the divorcing couple reaches an impasse in their negotiations but does not want to take the case to a public courtroom.

During an arbitration hearing, which occurs in a private setting, the individuals or their attorneys present the arbitrator with all the pertinent details regarding the issue or issues they are trying to resolve. The arbitrator must then arrive at a resolution within the allotted deadline that the couple imposes. In most cases, this decision is final and cannot be appealed.

How Does Arbitration Differ From Mediation or Court Litigation?

Arbitration provides a way for disputing parties to reach a binding resolution while still retaining some control of the proceedings. This form of ADR is a compromise between mediation and court litigation. A mediator does not have the authority to make decisions and instead guides the couple to resolve it on their own.

In a court hearing, on the other hand, the parties are at the sole discretion of the judge or jury. While they can choose their arbitrator, they cannot handpick the judge. They also have no say in the day, time, or location of the court hearing, which means heading to trial could tack on weeks or even months to the case.  

If you are considering filing for divorce but want to avoid a lengthy court proceeding, turn to Arndt Buswell & Thorn S.C. today. A strategic family law attorney on their team can help you devise creative compromises that may keep the case out of court. Based in Sparta, WI, this full-service law firm also helps clients resolve complicated legal disputes that fall under real estate law, business law, and personal injury law. You can review all their practice areas by visiting their website. To schedule an initial consultation with a family law attorney, call (608) 269-1200 for Sparta or (608) 486-2324 for Bangor, WI.