Non-Binding Arbitration

When you can’t decide, we will

WHAT IS NON-BINDING PRIVATE ARBITRATION?

Arbitration is a method of resolving disputes outside of court. Non-binding arbitration is when a neutral third party makes a determination of the rights of the parties to the dispute, but this determination is not binding upon them, unless both parties agree to the arbitrator’s decision. Non-binding arbitration is private and confidential.

WHAT IS THE DIFFERENCE BETWEEN NON-BINDING ARBITRATION AND MEDIATION?

divorcesmartesqsaying1The main difference between arbitration and mediation is a simple one: arbitrators hand down decisions, just as judges do.

In mediation, you and your spouse meet with a neutral third party, the mediator, and with their help, you work through the issues you need to resolve. The mediator doesn’t make decisions for you, but serves as a facilitator to help you and your spouse figure out what’s best.

An Arbitrator’s function is to render a decision on the matter. The parties present their sides along with any evidence that might be relevant, and then the arbitrator reviews the facts and makes a decision.

WHAT IS THE DIFFERENCE BETWEEN NON-BINDING ARBITRATION AND BINDING ARBITRATION?

Simply, in binding arbitration, the Arbitrator’s decision is final. In non-binding arbitration, either party may reject the Arbitrator’s decision. However, if both parties agree to the Arbitrator’s decision, then it will be presented to the court and become part of a court order.

CAN’T DECIDE, THEN WE WILL

If you and your spouse cannot decide on how to divide your assets, property, liabilities, and don’t want a Judge to decide, consider this affordable option.

The parties will need to provide certain financial information to the Arbitrator regarding the items you are unable to agree on before any meetings occur.  This way the Arbitrator is prepared to listen to the parties and has an understanding as to what is in controversy.

At DivorceSmart, Esq., we will allow you and your spouse to present to an Arbitrator the assets, debts, and liabilities that you were unable to agree on how to divide. Each side will have time to explain to the Arbitrator how they want the assets, debts, and liabilities divided.

Flat rate services for Arbitration start as low as $1000.

ADVANTAGES TO NON-BINDING ARBITRATION

  • Expedites dispute resolution – No waiting for the Judge to set a court date which can be months or years away.
  • Convenient – You can schedule arbitration for when it best works for you, including nights and weekends.
  • Private – Takes place in a conference room, not a courtroom.
  • Less Expensive – Because the arbitration process is more informal and shorter than the litigation process, you won’t have to pay for your lawyer waiting around a courtroom for your case to be called.
  • Informal – No rules of evidence or procedure.When you can’t decide, we will