When people hear the word “divorce,” there is often a feeling of uneasiness associated with it because people are so familiar with the lengthy, complicated, even messy process that accompanies divorce proceedings. Fortunately, there are alternative ways for spouses to dissolve their divorce. Arbitration is becoming an increasingly accepted and widely used form of handling marriage dissolutions. A divorce lawyer in Boca Raton can help you determine if arbitration is the appropriate divorce method for you.
The Process of Arbitration in Divorce
Arbitration is an alternative option to traditional divorce proceedings. Instead of relying on an intense trial with the court, the process of arbitration allows opposing parties to settle their needs with an experienced arbitrator. Unlike the formal process involved in the courtroom, the process of arbitration is less intense. Typically, each party will relay their unique needs, differences and disputes to the arbitrator. Then, the arbitrator will review any and all records, documents, and evidence. Upon thorough review of all information, the arbitrator then makes a decision regarding the terms and conditions of the dissolution of the marriage. His/her findings are enforced by the court.
Arbitration vs. Divorce
A divorce attorney in Boca Raton, FL can help you comprehend the differences between arbitration and divorce proceedings. Arbitration is different from traditional divorce proceedings because it allows an arbitrator (as opposed to a court) to make the governing decisions of the dissolution of the marriage. However, many people view arbitration as a similar process since the arbitrator acts as a judge. Just as a judge listens to the findings and arguments of each opposing party and determines the terms of the divorce, an arbitrator also listens and makes the final governing decision.
However, arbitration offers specific benefits that are often not available during divorce proceedings. For example, arbitration is much more private than divorce proceedings, which contributes to less stress, drama and embarrassment for spouses. Furthermore, arbitration is less costly, less lengthy and less formal than divorce proceedings. This allows spouses to enjoy a speedy and efficient marriage dissolution.
As with every divorce option, there are also disadvantages to arbitration. Because the arbitrator acts as a presiding judge over the process, the decision that he/she makes becomes binding. Spouses are not allowed to redo the process, nor are they able to appeal the decision to a higher court. The decision of the arbitrator is final. As such, it is vital that you allow a Boca Raton divorce lawyer to assist you.
Arbitration vs. Mediation
Many people consider the divorce processes of arbitration and mediation as similar. While these two methods do share similarities, spouses should understand that the processes are different from each other.
Both mediation and arbitration require the experience of an outside individual. The main difference, however, is that during mediation, an expert is hired to merely facilitate negotiations and encourage healthy conversation in order to direct a couple into feasible settlements. Meanwhile, an arbitrator has full authority and discretion over the final settlement. He/she makes the decision after meeting with each party individually.
Further, during mediation, parties are expected to act in good faith, but they are not necessarily required to follow the path that the mediator may have guided them toward. Meanwhile, the decision of the arbitrator is enforceable by the court, legally binding, incapable of being appealed and thus, each party must simply accept the final settlement. It is often stated that the mediation divorce method offers spouses with more freedom and autonomy. To determine if mediation or arbitration is the appropriate divorce option for you, reliance upon experienced Boca Raton divorce lawyers is key.
Importance of Hiring a Divorce Attorney
If you are considering various options of divorce, including arbitration, it is best that you contact an experienced Boca Raton divorce attorney before you select a divorce method. A divorce lawyer will listen to your unique circumstance and needs, and help you determine which divorce methods are most suitable for you. If arbitration appears appealing to you, divorce lawyers in Boca Raton can:
- Help you predict the arbitrator’s ultimate decision
- Familiarize you with the arbitration process so that you are not alarmed during the process
- Present the advantages and disadvantages of the arbitration method in a clear and concise manner so that you are fully aware of what you may be getting into
- Help you understand how the many issues of divorce (such as spousal support, property distribution, child custody, etc.) are typically governed and decided during arbitration processes
- Prepare you for arbitration divorce proceedings; help you gather compelling evidence and present your findings to the arbitrator in a manner that protects and supports you. This will ensure that you gain a favorable outcome
- Help you select an experienced arbitrator that will work in your favor or that is known for reaching fair solutions for spouses with similar needs and experiences as your family.
Divorce Lawyers in Boca Raton, FL
At the Law Offices of Theodore H. Enfield, P.A, our experienced Boca Raton divorce lawyers are equipped with the knowledge, experience and resources to support you and guide you through the arbitration process. Not only will we help you determine if arbitration is appropriate for your family, but we will aggressively prepare you for the process to ensure that you gain the results that you were looking for.
If you are interested in the arbitration divorce method, rely on our Boca Raton family law firm. Contact us today for a free initial consultation.