Divorce Arbitration
ANTHONY C. ADAMOPOULOS – EXPERIENCED AND WELL TRAINED
I am a graduate of prestigious training programs including: the American Academy of Matrimonial Lawyers Arbitration Training Institute; the International Arbitration Course of the Chartered Institute of Arbitrators and the American Arbitration Association.
I have over twenty-five years of arbitration experience and have served in courts as a Discovery Master, Civil Master (law and facts), and Judicial Adjunct.
Arbitration for Quick Divorce Resolution
What is divorce arbitration?
Divorce arbitration is a final and binding divorce resolution process. Under the process, each party submits their position, in a less formal, less legalistic manner, to a neutral third party (the arbitrator). A position, for example, could be that you feel that an inheritance received after your spouse declared for divorce should not be divided between you and your spouse. Your spouse believes it should be divided. After a hearing, the arbitrator makes a final and binding decision (an Award) on each disputed position. For example, the arbitrator would make an “Award” as to the inheritance.
Arbitration is the most efficient and effective way for parties to resolve a deadlock in divorce negotiations. Using the example about the inheritance, arbitration is more efficient because the parties may agree that this will be the only issue decided and it will be decided without the more expensive and slower formal court process. Arbitration can be more effective because the decision is final, binding and not easily subject to appeal.
In Divorce Mediation or Collaborative Divorce, even well-intentioned parties may reach a deadlock. Too often, divorcing parties believe the only alternative to deadlock is a court trial. Going to court means involving a judge and following rules and procedures that can slow resolution and cost money. Then, after every court trial, each spouse faces the possibility of an appeal by the other.
Benefits of arbitration:
- Avoids unnecessary costs.
- Avoids unnecessary delays and rescheduling associated with going to court.
- Gets past deadlock and on to final resolution without court intervention.
- Can be used in connection with any of The Three Approaches to Divorce: Adversarial Divorce, Collaborative Divorce, or Divorce Mediation.
Point to Consider
Arbitration provides:
- Privacy – Testimony and documents are not made public records.
- Confidentiality – The arbitration hearing is not open to the public.
- Speed – Arbitration hearings can be scheduled within days; court trials may take months to be scheduled.
- Shared Control - Both parties share in the selection of the arbitrator and decide when and where the hearing will be held.
As the arbitrator of your divorce issues, I will:
- Discuss with your attorney and your spouse's attorney, in joint conference, any specific interests, for example: confidentiality, informality and the time of day the hearing will be held.
- Discuss with your attorney and your spouse's attorney, in joint conference, any specific issues concerning the process.
- Schedule your arbitration hearing in cooperation with your attorney and your spouse's attorney.
- Conduct the arbitration hearing in a fair and impartial manner.
- Give my decision within a mutually agreed upon time frame.