Alternative dispute resolution divorce terminology


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Alternative dispute resolution divorce terminology

It’s pretty easy to see the numerous benefits and advantages of alternative dispute resolution (ADR) and arbitration when it comes to the divorce process. For one, arbitration allows couples to bring their marriage to a close faster, more cost effectively and with a great amount of privacy. Secondly, the ADR process is a lot less stressful due to its informal nature.

Unless you’ve been through a divorce arbitration before, you’re probably unfamiliar with the process and the terminology that goes along with it.

ADR terminology for divorce arbitration

Here are some terms you’ll want to make sure you understand before your divorce arbitration begins:

Arbitration: This is an informal trial process in which a neutral third party reviews the cases and facts presented by both sides and relevant law to come to a decision on the matter.

Arbitrator: The arbitrator is the neutral third-party individual who will preside over the arbitration process, much like a judge would. This is also the individual who will issue a decision regarding the matter.

Binding or Non-Binding Arbitration: When an arbitration is “binding,” then the parties have agreed to waive their right to file a lawsuit after the arbitrator issues his or her decision. When an arbitration is non-binding, the parties do not have to adhere to the arbitrator’s decision when the ADR process has concluded.

Mediation: Mediation is another form of ADR that is even more informal than the arbitration process. In the case of a divorce mediation, a neutral third-party, i.e., a mediator, will serve as an intermediary between the spouses to facilitate a settlement agreement. These are non-binding in most cases. Sometimes, spouses will try to mediate their cases before they move forward with arbitration or court proceedings.

Do you want to divorce faster and more cost effectively?

Considering the time-saving and money-saving advantages of ADR proceedings, it’s a popular choice for Colorado spouses who want to dissolve their marriages. This form of divorce resolution is most appropriate for spouses who are willing to work together and compromise with one another.