Divorce often brings intense emotions and complex disagreements. Many couples seek mediation to resolve disputes respectfully, but sometimes it does not achieve the desired outcome.
In these cases, arbitration offers an effective alternative that can help finalize the divorce process more smoothly.
Why might mediation efforts fail?
Mediation focuses on helping couples reach mutual agreements through guided discussions. A neutral mediator works with both parties to find common ground and resolve issues like child custody, property division and support arrangements. However, mediation only works if both spouses are fully willing to cooperate and compromise. When emotions run high, or disagreements are too deep, mediation can stall, even if both parties want to handle things maturely.
Why is arbitration a strong alternative?
Arbitration provides a different approach to resolving divorce disputes. Instead of negotiating together, the couple presents their case to an arbitrator, a neutral third party. The arbitrator listens to both sides, reviews evidence and makes binding decisions on contested issues. Unlike mediation, arbitration can resolve disputes even when communication has broken down between the spouses. The arbitrator’s decision is final and legally enforceable, allowing the divorce process to move forward without further delays.
When should couples choose arbitration?
Arbitration offers several benefits in divorce cases. It is generally faster and more flexible than going to court. Couples can schedule arbitration sessions at their convenience, avoiding the lengthy delays often associated with court proceedings. Arbitration also provides a more private setting and allows couples to maintain some control over the process. You can choose your arbitrator, agree on the issues to discuss and tailor the arbitration process to fit your needs.
When mediation fails to resolve disputes in a divorce, arbitration provides a valuable alternative. By offering a structured yet flexible process, arbitration can help couples reach important decisions together and move forward with their lives.
