Divorce Arbitration is an alternative dispute resolution method by which an independent, neutral third person hears, considers the merits of the dispute and renders a final and binding decision called an Arbitration Award.
In a divorce, you and your ex-spouse may have possessions and household furnishing to divide. A trained arbitrator conducts an arbitration hearing with the two disputing parties and, based on the facts and evidence presented, renders a legally binding award.
The process is managed by staff and arbitrators who are trained through the Center for Dispute Settlement (Center). The arbitrator operates within parameters set by Article 75 of the New York State Civil Practice Laws and Rules.
Divorce Mediation is a voluntary settlement process used frequently and successfully by married couples who want to divorce, and by domestic partners who want to separate. Divorce mediation gives couples the option to plan their futures rationally, and in an atmosphere of cooperation and mutual respect. With the assistance of a trained divorce mediator, you can reach an agreement that is custom-made for your family, your finances and your future.
The Benefits of Divorce Mediation
Many couples choose divorce mediation rather than a litigated divorce because they find it is more beneficial for their families. Couples often say that divorce mediation:
•Is more affordable
•Takes less time
•Improves their ability to communicate
•Encourages a spirit of cooperation
•Gives them more control
•Allows them to make better decisions for their family
•Is more emotionally protective of their children
Is Divorce Mediation for You?
Even if you and your partner do not agree on much, divorce mediation could still be for you. Check out The Mediate Quiz and the “Can we mediate?” article below for typical issues to think about when considering divorce mediation. If you and your partner think that divorce mediation could be a sensible solution for your family, you should learn more by meeting with a divorce mediator who can answer questions specific to your situation.
Divorce Mediation Myths
Separating and divorcing families have used divorce mediation for many years. Even so, there are some misunderstandings about the process. For example, you and your partner do not have to be on the best of terms to be able to enter into divorce mediation. Also, the process can benefit couples and domestic partners of all ages, income levels, with children, without children, etc.