More on the Arbitration Process

Arbitration is a process of alternative dispute resolution in which a neutral third-party hears from both sides involved and comes to a binding or non-binding conclusion. Unlike mediation, which is a more informal attempt to reach an agreement in which those in dispute have total control, the result of an arbitration can be enforced by the courts if both sides consent to it.

The process of arbitration resembles something like a more informal version of a court hearing. It includes discovery, or the research and sharing of any relevant information, and hearings from both individual parties. However, many individuals appreciate the less public setting of arbitrator’s office as opposed to a courtroom. Successful arbitration is usually less expensive as well.

The decision in an arbitration case is called the award. Before the award becomes binding, either party can request modification or amendment if they believe it to be unfair in any way. Although having an attorney with you at the time of arbitration is common, it is not required if you feel you can adequately represent your own interests. However, it is still advisable to consult with an experienced legal professional before heading into an arbitration hearing if you have any questions or concerns.

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Alternative Dispute Resolution can be a healthy alternative to the messy litigation that often characterizes a divorce case. For more information on arbitration, mediation, and other forms of ADR, contact the experienced San Jose divorce lawyers at the offices of Daniel Jensen, S.C., today by calling 408-296-4100.