Arbitration and mediation are ways to settle a divorce outside of a courtroom, in a cooperative rather than competitive manner. In these alternative methods, you go to a private judge, often a retired judge or family lawyer, who is an expert in family law. This person helps you identify areas where you disagree with your spouse and compromise. He or she can also give you an expert prediction on how your case would likely turn out in a traditional courtroom divorce. You may still have a family lawyer present at an arbitration or mediation -- which experts recommend -- and you will need one to review the terms of an agreement before filing it with a court.
More than 90% of American divorces are settled in arbitration or mediation, and research shows that divorced spouses tend to be more satisfied with the results. It is also, generally, cheaper and faster than traditional divorce. However, divorce arbitration or mediation is not right for everyone. You're better off with traditional courtroom divorce if one or both spouses:
- Can't put aside bad feelings long enough to negotiate
- Feels unsafe or intimidated around the other spouse
- Is not ready to consider divorce
- Is hiding assets or otherwise not being honest
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