
The process of getting divorced is often emotionally grueling and drawn out. No one wants their private information displayed for the general public to feast on, which can happen as a result of court and litigation. Alternatives like arbitration have become popular choices in recent years. Divorce arbitration can help couples save time and money as well as provide a confidential setting to air their grievances and make decisions relevant to their split. Work with a Bohemia, NY divorce attorney for legal representation and skilled advice.
What is Divorce Arbitration?
Divorce arbitration is an ADR (alternate dispute resolution). Like mediation, arbitration offers couples an alternative to going to court for their divorce. Many decisions must be made during the process of a divorce including spousal support, property division, child custody, child support, etc. These decisions have traditionally been made by a judge in court. However, ADRs are becoming increasingly popular to save time and money.
In divorce arbitration, the couple will meet with a neutral third party called an arbitrator. Both spouses will present their sides and desires for the outcome of the divorce. After listening to both parties, the arbitrator will make their determination on all relevant topics. They will make the final decision in the same way a judge would in court. Their ruling is legally binding and will be entered into the divorce agreement.
Is Arbitration Kept Confidential?
Arbitration is similar to litigation in the sense that the couple gives up their right to make decisions, so why is it any better than going to court? One major benefit that may persuade spouses to choose arbitration is the fact that the process is confidential.
When couples go to court for their divorce, records are created entailing decrees, testimony, evidence, transcripts, etc. Although New York does have more significant privacy laws than other states when it comes to divorce records, there is a chance that the information will become public knowledge or be used during different legal proceedings.
Arbitration, like other ADRs, is kept confidential unless limited disclosure is required for legal purposes. This is rare and only the relevant information will be disclosed.
Why is Confidentiality Important?
Some couples may value confidentiality more than others. Divorce is a very private thing, often filled with emotional testimony and private information. Because litigation is generally more often subjected to public disclosure, ADRs are becoming more common. Mediation, arbitration, and more allow couples to expedite the divorce process, save money on court fees, and protect their personal information from prying eyes.
If you and your spouse are going through a divorce it is crucial that you protect your rights and privacy during this time. Speak with an experienced lawyer at Peter V. Mandi & Associates, Inc. to learn more about alternative dispute resolution techniques and to determine whether or not arbitration may be right for you.