Considering Arbitration: Pros and Cons
It’s no secret that divorce proceedings can be slow, drawn-out, and very expensive endeavors. This has motivated many to consider alternate dispute resolutions in order to avoid the traditional separation/divorce process in California.
One of these potential alternate avenues is known as arbitration. In simple terms, arbitration is a shortened divorce hearing where an arbitrator, rather than a judge, listens to both sides of the case. After listening to each party and looking over the evidence, the arbitrator then proceeds to hand down a legally-binding ruling.
To help you determine if arbitration is right for your divorce, we’re looking over the pros and cons that come with this legal procedure.
The advantages to skipping litigation and going right into arbitration are many. These include:
- Cheaper and quicker than traditional proceedings by a large margin.
- A simplified process with easier-to-follow procedures and rules.
- Less hostilities between parties, whom are encouraged to discuss and participate in the proceedings.
- More flexibility, as you and the other party can assign the arbitrator and hearing logistics can be worked around everyone’s needs.
- More privacy because, unlike typical divorce proceedings, your hearing won’t be available to the public.
Cons, or Why Arbitration Isn’t For Everyone
There are downsides that you need to consider as well. These include:
- No venues to appeal the decision, as once the arbitrator hands down the ruling, the process is over.
- Less objectivity, since much is left up to the arbitrator’s judgement.
- A potentially disadvantaged playing field, as the arbitration process can carry a “take it or leave it” tone if there is a power imbalance between both parties.
Speak To A Skilled Family Law Attorney Today
There’s definitely a lot to consider as you decide if arbitration is the right choice for your upcoming California divorce. As always, we recommend that you check in with a qualified legal professional for more guided advice. You need someone whose sole interests lie in protecting your own, even if you opt for arbitration, mediation, or any other form of alternate dispute resolutions.
If you need more information, or if you need to speak to our skilled attorneys about any other matter involving divorce or family law in CA, don’t hesitate to reach out. Call us at (415) 564-2776 to schedule a free initial consultation with the legal experts at Rubin & Levavi, P. C.