Many ADRs are becoming popular ways to settle divorces, including mediation and arbitration. These techniques offer unique and beneficial options for couples who wish to avoid court and litigation. Divorce arbitration is generally confidential and allows the information shared during the process to remain private. If you are starting the divorce process and are wondering how arbitration may suit your needs, speak with an experienced Farmington Hills divorce lawyer for more information today.

What is an ADR?

An ADR is an alternate dispute resolution. These techniques are used to resolve legal conflicts and issues without having to go to court and have the decision made by a judge. Some common examples of ADRs are mediation and arbitration. These options allow for collaboration, private discussions, and more flexible solutions. The main reason that people are opting to choose ADRs as opposed to litigation is because they do not have to wait lengthy periods for court dates and they can save money on fees.

What is Divorce Arbitration?

Divorce arbitration operates similarly to litigation in the sense that one individual has the power to make the final decision on the various issues related to a divorce. The arbitrator, a neutral third party with no bias toward either side, meets with the couple to hear both parties and their representatives argue their position. During arbitration, they will cover all relevant topics like asset distribution, alimony, child custody, and more, explaining what they are asking for and providing evidence to explain why their wishes are fair and just.

After hearing both sides, the arbitrator will make a fair judgment considering all of the relevant evidence provided. Michigan is an equitable distribution state, meaning that during a divorce property is divided fairly, not necessarily equally. The state also has a responsibility to ensure that neither spouse is drastically negatively impacted by the divorce and decisions should be made with the best interest of any children in mind. Taking these truths into account, the arbitrator will make their ruling.

Is Divorce Arbitration Confidential?

Yes, arbitration is confidential in Michigan. The process occurs in a private setting and the information provided in hearings is protected from being subjected to public record. The only information that is recorded is the final decision regarding property division, alimony, child support, custody, parenting time, and any other agreement. The testimony and personal information shared is confidential unless both parties agree to have a record made and shared.

In drastic circumstances where testimony exposes a crime or serious legal issue, that information may be subject to disclosure. Other than that, arbitration allows couples to stay out of the public eye. If you are wondering whether arbitration is the right path for you and your divorce, reach out to a skillful attorney at Alan B. Cooper & Associates, PLLC to discuss your situation and gain insight into your options.