CONSIDERING ARBITRATION: IS IT THE RIGHT PROCESS FOR YOU AND WHAT QUESTIONS SHOULD YOU ASK WHEN SELECTING AN ARBITRATOR?


By: Jerry S. D’Aniello, Esq.
jsdaniello@nmmlaw.com

If you have not been able to resolve contentious issues in your divorce with your spouse, and
neither of you wants to invest the time and money associated with a lengthy in-court divorce
battle, then arbitration may be the right choice for you. Arbitration is the private determination
of a dispute by an independent third party, known as an arbitrator. The dispute is submitted to
the jointly-selected arbitrator by agreement of the parties. Arbitration, an alternative to in-court
litigation, is considered a form of alternative dispute resolution and is a more informal process
then the court system. The parties are able to select an arbitrator that is experienced and
available to quickly, discreetly, and effectively decide their issues. In order to handle a divorce
and any related issue, you can choose to avail yourself of the court system (i.e. trial), you can
mediate, you can engage in the collaborative law process or you can arbitrate. This article will
focus on the arbitration option.

 

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