Binding arbitration is an alternative dispute resolution (ADR), that is a forum for resolving marital disputes outside the family law courts’ jurisdiction. The distinct advantage for using this type of ADR is that the dispute is overseen by an arbitrator that makes his/her decision that is binding for both sides. The arbitrator’s decision is not only binding, but is extremely difficult to overturn on appeal in the family law courts.
The process of divorce mediation is a wonderful alternative to adversarial divorce litigation because it allows the two parties to resolve their issues on their own terms with the help of a completely impartial party. One of the most important aspects of the mediation process is that at some point, decisions will have to be made to resolve marital disputes and why should those decisions be made by someone other than the couples themselves?
The collaborative approach as an alternative to divorce litigation is a process where, rather than the “win at all costs” method that the litigation process promotes, the collaborative law method uses a team approach with all attorneys and professionals involved to reach an amicable agreement between the disputing parties without going to court.