Arbitration
In arbitration, you and your lawyers meet with a neutral arbitrator whom you select at a hearing that is less formal than a court proceeding. However, the hearing follows the rules of evidence used by courts, and the arbitrator's decision is normally binding and final.
Arbitration has a number of advantages:
It's voluntary; it happens only if you choose it.
It's informal, simple, and less stressful than going to court.
You can select your own arbitrator, usually an expert in divorce law, and often a retired family court judge.
The focus is on cooperation and maintaining good relations.
Like mediation, it's a private process, and the information provided at the hearing is confidential.
No lengthy and expensive appeals are needed.
Arbitration is a lot less expensive than trial.
However, arbitration also has disadvantages:
You may have your arbitration hearing without doing complete discovery (the gathering of information), because the arbitrator, unlike a judge, can make a decision based on incomplete evidence if she deems the evidence to date is conclusive.
The arbitrator may not explain the reasoning in her opinion and order.
You can't appeal. (This also may be an advantage depending on how you feel about the decision.)
As you can see, arbitration isn't a cure-all, but it can still outweigh the disadvantages of giving a judge the power to make all your decisions.
