Arbitration: Resolving Stalemate

  • Each separating partner has their own divorce lawyer
  • Used when a final agreement can’t be reached through negotiation
  • Independent Arbitrator will make binding ruling on all or part of your divorce settlement
  • Less formal than court proceedings and timetable is less rigid

Sometimes, despite your willingness to reach a Good Divorce, there are areas of your divorce settlement that prove a sticking point – you just can’t reach agreement.

Rather than resort to court proceedings, it is possible to get an independent qualified Arbitrator to resolve those difficult areas for you. The ruling made by the Arbitrator is binding; you must accept the Arbitrator’s decision.

The Arbitrator is a highly qualified legal specialist – often a specially trained divorce lawyer – and he or she will examine your case carefully before making a decision. The Arbitrator is neutral so will rule on what he or she deems to be fair given your circumstances.

You and your separating partner will each need to appoint your own divorce lawyer who will help prepare your case for Arbitration so that the Arbitrator has all the necessary information about the issues involved.

Arbitration is particularly helpful where a final settlement cannot be reached because of a lack of agreement on one specific issue. Importantly, it also offers the separating partners the chance for the ruling to be made in private rather than in open court. It is not governed by the timetables demanded of court proceedings and takes place in a less formal setting than the courtroom, so can be less daunting for separating couples and can resolve a difficult situation without unnecessary delay or expense.

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