Going through a divorce trial is often a lengthy and expensive process. It also means addressing your failed marriage in a courtroom before a judge. Many divorcing couples wish to avoid such a spectacle. But if there are still outstanding issues that need to be resolved, one alternative form of dispute resolution is binding arbitration.
What Is Divorce Arbitration?
Arbitration is essentially a form of private trial. Both parties to a divorce must agree to arbitration.
In some cases, they may have a signed prenuptial or postnuptial agreement providing for arbitration of any marital dispute.
Instead of a judge or jury, arbitration is heard by an arbitrator, who is selected by the terms of the parties’ agreement or as provided by North Carolina’s Family Law Arbitration Act. Typically, a single arbitrator hears the case, although it is possible to have a panel of arbitrators.
The arbitrator functions much like a judge in a regular divorce trial. The arbitrator hears testimony, receives other evidence, and renders a decision on any disputed issues. The arbitrator’s final decision is known as an award.
Divorce Arbitration vs. Mediation: Is There a Difference?
Like divorce arbitration, divorce mediation involves the parties working with a neutral third party.
In a mediation, however, the mediator’s role is not to try the case or impose a decision. Instead, the mediator works collaboratively with the parties in an attempt to reach a voluntary agreement.
North Carolina law usually requires divorcing couples to submit to mediation before proceeding with a trial. In contrast, the court cannot compel arbitration. As previously noted, the parties must agree to an arbitration.
Benefits of Choosing Arbitration
Arbitration can be quicker and less expensive than traditional divorce litigation. And the overall process of discovery and preliminary motions tends to be far more streamlined. The parties also tend to have more control over when their case can be heard, as they are not subject to the dictates of a courtroom docket.
Limits of Divorce Arbitration
An arbitration award is final in most cases. This means that you cannot simply appeal the arbitrator’s decision to a judge if you are dissatisfied. North Carolina specifies only limited grounds for judicial review of divorce arbitration awards.
It is also important to note that you still need to go through a judge to obtain the divorce itself. And some marital disputes may be outside the scope of arbitration. For example, if you have a prenuptial agreement providing for divorce arbitration, it cannot cover any disputes over child custody or child support.
Contact a Charlotte Family Law Attorney Today
Remington & Dixon is a full-service Charlotte, North Carolina, family law firm that can advise you on whether divorce arbitration may be right for your situation. Divorce attorney Jennifer Dixon will be happy to sit down with you and explain your options. So if you would like to learn more about arbitration in divorce, contact Remington & Dixon, PLLC, today to schedule a consultation.
