WHAT IS DIVORCE ARBITRATION?
Arbitration is an alternative dispute resolution option. Opposing parties can use it to find solutions for their problems without a lawsuit. Ultimately, the parties present must present their sides and evidence so that the arbitrator can review the facts and decide on a solution.
In a sense, the parties don’t need a lawyer, though it’s still a good idea to consult with one if there are any questions or concerns. 999PAdivorce.com, has served the York, PA, area for years and is dedicated to helping their clients in a way that works for them.
Some people may find that divorce arbitration seems better than hiring a lawyer. Others may choose to work with 999PAdivorce.com. Regardless, they want everyone to understand the arbitration process to see if it might work for them:
One party files the demand for arbitration and pays the arbitrator the filing fees. The other party is notified by the arbitrator that an arbitration has been initiated. This gives that party enough time to respond with a counterclaim or answer.
Both parties are allowed to initiate arbitration. To do so, a submission to dispute resolution form must be filled out with appropriate fees paid to the arbitrator.
Alternatively, the court sends each party a case to mandatory arbitration to attempt the resolution before going to court.
DO YOU NEED A LAWYER?
A lawyer isn’t required for divorce arbitration. However, either party may choose to have an attorney present. Please consider working with 999PAdivorce.com, as they understand the process in York, PA, and can assist.
Each party has the option of having an attorney present for the arbitration process. 999PAdivorce.com can help with presenting evidence and during the hearings.
Many people don’t have a lawyer to help with the arbitration process. Still, it’s a good idea to hire 999PAdivorce.com to review the agreement created by the arbitrator before signing it. Both parties require their own attorneys to review the document.
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The York, PA, court system might send the divorcing couple to arbitration as a way to work things out. Whether that happens or the parties want to try divorce arbitration, here are the general steps involved:
An appropriate arbitrator is chosen based on who is qualified to handle that particular case.
The preliminary meeting occurs. Both parties are allowed to discuss their potential issues of this dispute with the arbitrator. With that, the parties can handle practical matters, such as witnesses and information to be presented.
Both parties exchange evidence or information necessary to prepare for arbitration. The arbitrator may intervene to make sure it’s shared.
Arbitration hearings now happen. They aren’t as formal as a court hearing and don’t happen in the courtroom. However, each party presents their case and evidence to the arbitrator.
Sometimes, there is a post-hearing submission, which is where parties offer additional information.
The arbitrator decides the case, issues an award, and closes it.
WHY DIVORCE ARBITRATION IS PREFERABLE IN SOME CASES
Any divorce can be arbitrated without going to court, but here are the times when arbitration might be the best choice:
Time Crunch – Arbitration can often happen immediately, but it takes months to get a court date. Additionally, most people schedule arbitration when they want it, such as weekends or evenings.
Flexibility – With arbitration, each party decides what the arbitrator can do and what’s argued. Rules can also be set.
Limited Finances – Generally, arbitration is less expensive than a court case because there are no attorney fees nor court fees.
Get It Over With Sooner - Though appeals are possible, there are fewer ways to do it than with a lawsuit. If the parties want a final resolution immediately, arbitration might be best.
IS IT POSSIBLE TO QUIT IN THE MIDDLE OF A DIVORCE ARBITRATION?
It is possible to do this because divorce arbitration is voluntary and non-binding. Therefore, if the parties attempt to do this on their own to avoid a lawsuit, either party can stop and choose to go to court.
However, sometimes arbitration is mandatory, so it’s not possible to quit unless the case is settled by both parties before a decision is reached.
IS MEDIATION AND DIVORCE ARBITRATION THE SAME?
No, they are separate options. With arbitration, the arbitrator is like the judge and can decide on the award. During mediation, both parties try to work together to resolve their issues, and the mediator is the negotiator to help them.
WHAT ARE THE DISADVANTAGES OF DIVORCE ARBITRATION?
999PAdivorce.com wants their potential clients to understand all options available to them. Therefore, it’s important to consider the disadvantages of arbitration. For example, it’s harder to appeal binding arbitration decisions than court decisions. Plus, the other party must abide by the arbitration decision, or a court order is necessary, which is more expensive and takes more time.
TRY TO WORK TOGETHER
If the divorce is wanted by both parties, then divorce arbitration might be suitable. It’s less traumatic and unpleasant than going to court. However, it can be hard to determine the right course of action.
Consider contacting 999PAdivorce.com today for a free consultation. Learn about the potential benefits of divorce arbitration vs. going to court and get honest, reliable answers.