GRAND RAPIDS DIVORCE ARBITRATION ATTORNEYS | ARBITRATION LAWYERS GRAND RAPIDS MI
DIVORCE ARBITRATION - SOLUTION TO YOUR DIVORCE AND CUSTODY DISPUTE?
WHAT IS DIVORCE ARBITRATION AND HOW DOES IT WORK?
Divorce Arbitration is different than mediation. Mediation is a process of resolving the issues in your divorce through discussion and mutual agreement rather than litigation and the trial process (typically nonbinding). In contrast, arbitration allows an arbitrator to make binding decision on issues that parties cannot agree on so that there is a final resolution without a trial. Typically Arbitration is binding (the arbitrator makes decisions that are binding on the parties). Divorce Arbitration can be done with or without attorneys. Often times attorneys can offer constructive information to work toward a settlement that the parties cannot do on their own. Arbitration usually starts with the parties gathering information on assets and debts that were accumulated during the marriage. What was accrued prior to marriage is typically separate property, but can be considered marital. After the financial information is gathered, an arbitrator typically meets with the parties to determine what they can agree on and what is in dispute. They then focus on resolving the disputed issues. If an agreement can be reached, it is reduced to writing and signed by the parties. If an agreement cannot be reached, the arbitrator make decisions like a judge would without a trial. This arbitration decision is binding on the parties and converted into a divorce judgment that is entered with the court. Divorce arbitration that is binding and cannot be ordered by the court. Arbitration is not used if domestic violence is involved in the relationship.
HOW MUCH DOES DIVORCE ARBITRATION COST?
Divorce arbitration can be less expensive than litigation if the parties truly want to resolve there differences and are open minded about the arbitration process. Typically, the parties pay an arbitrator by the hour. Being organized can save money. Also, figuring out what is at issue prior to arbitration can also save money. Typically an arbitrator will charge by the hour for their time. The typical rate is 250.00 per hour. Some arbitrators charge more and some charge less. It is important to get an arbitrator that is experienced in divorce practice to help explain issues and resolve them. An inexperienced arbitrator can often cost more money even if the rate is less. They require more time to figure out solutions to problems due to a lack of experience.
CAN I FORCE THE OTHER PARTY TO ARBITRATE OUR DIVORCE?
Can I force my spouse to arbitrate our divorce? The short answer is no. The court will order the parties to nonbinding mediation, but not arbitration. Ultimately everyone has a constitutional right to a trial. Arbitration is most effective if both parties are actively participating and want to use the process to resolve their dispute.
Divorce and custody law can be complex. It is extremely important to retain an an attorney mediator who has extensive experience in divorce and child custody disputes. Experience Matters! If you or a loved one or friend is facing divorce and think that Arbitration may resolve your dispute, you should contact a Arbitration attorney at Krupp Law Offices P.C.