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How Does The Arbitration Process Work?

How Does the Arbitration Process Work?

What is arbitration?

Divorce arbitration can be a suitable dispute resolution channel for clients that are unable to reach a mutually agreeable resolution. An arbitration is akin to a court trial and an arbitrated decision takes the place of a trial judgment.  The divorce arbitration process is private and confidential, unlike litigation that takes place in open court with documentation accessible to the public. In contrast, divorce arbitration services traditionally take place in a private boardroom. Our divorce arbitration process is build on the premise of flexibility and simplicity – we walk clients through the entire process step by step, in order to accommodate clients that prefer not to retain divorce lawyers (although anyone is free to attend arbitration with a divorce lawyer).

How does arbitration work?

The arbitration process always involves 3 phases

  1. Initial arbitration meeting
  2. Arbitration hearing
  3. Arbitration award

When there are emergent matters that need to be resolved in advance of the arbitration hearing itself the arbitration process will also involve interim applications.  You can find more detailed information on each element of the arbitration process here.

How long does the arbitration process take?

The length of an arbitration varies depending on the availability of the parties, the arbitrator and any legal counsel involved, the number and complexity of the issues requiring resolution and the number of witnesses involved in the arbitration hearing.

Typically an arbitration lasts between one (1) and ten (10) days. An arbitration award (the binding decision rendered by the arbitrator) is usually rendered within one month of the conclusion of the arbitration hearing.

Divorce Arbitration: Is it right for you?

If you are facing divorce, it is crucial that you understand all of your options – these may include working with a divorce lawyer, mediation, arbitration, or mediation with arbitration. Each and every family situation is unique, so we recommend booking a complimentary consultation with our team to learn more about each option and what may work best for you and your family. It is important that you not only understand all of your options but that you work with a team of professionals to help you achieve resolution and a clear path forward. Connect with us if you are ready to get started.


Disclaimer: The content provided in the blog posts of Jones Divorce & Family Law is general information and should not be considered legal advice. Please contact a lawyer for legal advice tailored to your specific situation. All articles are current as of their original publication date.