When you think of divorce, a courtroom setting probably springs immediately to mind, right? You have lawyers, judges, evidence, and all the rest. While that certainly does happen, when it comes to divorce, it’s not the only way, or even the most common way. There are other forms of dispute resolution. Arbitration is one of these. But what are the advantages and disadvantages of arbitration as opposed to court?
Rick Jones, our founding partner, regularly appears on the Danny Bonaduce and Sarah Morning Show to talk about family law topics. On a recent episode, a listener called in and asked this very question.
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Caller Question:
“I’m going through a divorce. My ex recently got a lawyer and wants to do arbitration. What are the advantages and disadvantages of arbitration over going to court?”
Danny: “That is a great question, because I’ve been through both, and I never know which I should have done. What was the right thing there Rick?”
Rick: “It is a terrific question. I wish more people asked, but you’re doing this on behalf of a lot of listeners.
“Arbitration is basically when you’re giving decision making authority to a third person. They’re not the judge. The advantages in doing that–so long as you’re fully prepared as if you’re going to trial–the advantages are: you can get to a ruling a lot quicker. You won’t have to wait in the system as long as some people have to do for judge availability.
“Second, a lot of time the rules are relaxed, it’s not quite the dog and pony show with the evidence, etc. when it comes to going to a trial. So the reality is you can probably get the same information assessed by this decision-maker for a lot less money.”
If you have questions or need to consult a divorce lawyer, contact Goldberg Jones.
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