Why Choose Arbitration for an Uncontested Divorce in Atlanta?

Many divorcing spouses are aware of some of the most popular alternative dispute resolution (ADR) methods, including mediation and collaborative law. Arbitration is another viable ADR option, although it might not be as well-known as mediation. It is also older than collaborative law, which is an increasingly popular strategy that arose within the past few decades. What is arbitration all about? Should you choose arbitration to resolve your uncontested divorce in Atlanta?

Arbitration Always Ends With a Resolution

Although mediation and collaborative law are both forms of alternative dispute resolution, the truth is that they don’t always resolve your issues. This is because in both of these processes, you and your ex are under no obligation to accept the outcomes. You can simply say no to the suggestions offered by your mediator or collaborative lawyers. Your ex can do the same, and this would likely lead to litigation. It would make the weeks or months of prior negotiations meaningless.

In contrast, you can depend on the arbitration process to resolve your issues. Unlike mediators or collaborative lawyers, arbitrators do not make suggestions. Instead, they issue legally binding decisions that both spouses must accept. Before the arbitration process begins, both spouses sign an agreement to accept the outcome of the process. This may seem daunting to many spouses, but it also provides a sense of predictability. Whatever happens, you know your divorce will be over by the end of the process.

Arbitration May Be More Formal and Structured than Other Forms of ADR

You should also know that arbitration tends to be more formal and structured compared to mediation and collaborative law. This is because many arbitrators are retired or active judges with considerable legal experience. They are used to following many of the same general steps during litigation, including discovery, evidence presentations, and testimony. As a result, spouses who prefer a more structured approach may find arbitration attractive.

Rest assured that you will not have to face this trial-like process alone. You can bring your divorce lawyer to the negotiation table, and they can provide helpful guidance. They can also make oral arguments, present evidence, and cross-examine witnesses on your behalf.

Arbitration Offers Many of the Same Benefits as Mediation or Collaborative Law

Although arbitration is distinct from other forms of ADR, it offers many of the same basic benefits. These include heightened confidentiality and speed with reduced costs and stress.

Can a Divorce Lawyer in Atlanta Help With Arbitration? 

Divorce lawyers in Atlanta can help you before and during the arbitration process in many ways. If you need to learn more about how arbitration works, you can ask your lawyer questions. If you need to prepare for the arbitration process, your lawyer may be able to assist. If you need guidance and advice during these negotiations, you can turn to your lawyer for help. Expand on this conversation with Buckhead Family Law today.

Source:

americanbar.org/content/dam/aba-cms-dotorg/products/inv/book/402949746/chap_1_5130246.pdf