Yes, most likely. For couples who generally agree to the direction of their divorce, arbitration is a cheaper, faster, more flexible and confidential option to settle financial and property disputes. The ability to use arbitration to solve a particular problem in a larger court proceeding is another bonus. Couples who have signed up before marriage may also find a more effective arbitration to agree on the division of assets after the breakdown of the marriage, instead of using the courts. Of course, arbitration cannot be used to resolve non-financial disputes involving children and relies on a certain consensus and cooperation between the parties to be truly effective. Last but not least, couples who want to avoid publicity would do well to consider arbitration. For more information, visit the IFLA website or speak to one of our divorce lawyers. Since arbitration is based on the agreement of both parties and their acceptance of the outcome, arbitration challenges are rarely successful. There are very concrete reasons for the challenge, which relate primarily to the trial, and these would normally be heard by a judge of the High Court of the Family Division. The arbitrator will also hold a conference to discuss legal issues, plan the location and date of the arbitration hearing and work with you to develop the rules for arbitration. These rules are very important and will talk about them: What is divorce mediation? This type of mediation allows spouses to negotiate directly with each other with the help of a mediator. A mediator is not empowered to make decisions such as a judge or arbitrator; Instead, the mediator leads the spouses to a divorce agreement acceptable to both parties.
The mediator focuses on determining the „interests“ of each party, as opposed to „positions“ or „authorizations.“ For example, a party may feel entitled to have the family carrier. However, your spouse wants the carrier to engage in a private business that generates revenue. The first party, who realizes that she can pay less assistance if her spouse has an income, can abandon the carrier. Here, one party has the fundamental interest of gaining self-employment, and the other party will benefit from these interest rates. Many people who are about to divorce want to avoid the tedious and costly process of dealing with their litigation in court. Mediation would be a choice, but there is no guarantee that agreement will be reached on each issue. There is, however, a third alternative, faster than litigation, but more absolute than mediation: this option is arbitration. Instead of being subject to the strict and ruthless directives of the judicial process, the rules of arbitration were agreed upon by both parties before the trial began. This allows for greater flexibility in the definition of procedures and reduces the time that is often spent collecting and highlighting evidence in the study.