Couples exploring their options in a divorce will, at some point, encounter two main pathways to resolving their issues: litigation or arbitration. But what, exactly, do these terms mean? While both result in the same common goal of dissolving the union, they achieve that goal by very different means; let's explore a few of the key differences below.

Who Hears the Case?

Divorce litigation is another way of saying that the family law courts will make the major decisions associated with the split, such as the division of assets, the determination of spousal or child support, and the arrangement of child custody. In litigation, the issues of the divorce are decided on by one judge, who is appointed by the courts. Arbitration, on the other hand, is a more collaborative process in which both parties come together to work with a neutral, third-party arbitrator to reach important decisions. In arbitration, the issues are ultimately decided on by an arbitrator (or arbitrators, as there can be more than one) selected by the couple.

Timelines

A divorce decided through litigation can be lengthy. The courts have to put the case on their schedule, which means it could take months for deliberations to begin. Also, filing various legal motions and arguments can take up considerable time because of the paperwork and processes that are in place. Arbitration, though, is usually a much faster option. After the arbitrator is hired, deliberations can begin immediately.

The Couple

Arbitration won’t be right for every couple going through a divorce. While the spouses in arbitration certainly don't need to be best friends or even particularly amicable toward one another, a certain amount of civility and cooperation is needed. Communication is essential in arbitration, as both sides are contributing their input, negotiating, and attempting to reach comprises. For couples who find it impossible to get along or have a volatile or potentially dangerous relationship, litigation is really the smarter option. Also, the privacy concerns of the couple can influence which option they choose; litigation becomes a matter of public record, while the details of arbitration are kept private.

If you're trying to determine whether litigation or arbitration is the better choice in your divorce, let the attorneys at Everett Cuskaden & Associates ALC help. They represent clients throughout the Honolulu, Hawaii, area in all aspects of family law cases. Call (808) 545-1331 or visit them online to set up a consultation today.