Last Updated on April 3, 2024 by Tayyaba Shafqat
With the help of arbitration, divorces and other disputes can be settled without going to court. Court procedures can be costly and consume a lot of time. Arbitration eliminates this by sorting things with the help of a third-party arbitrator. He brings a resolution to the disagreement between both parties. It is an excellent way to conclude divorces with fewer legal procedures. However, it is essential to be careful while using the arbitration approach as it also has some negative possibilities.
Consult Madison divorce attorneys to seek the best legal help regarding divorce. They are as follows:
Probability of bad decisions.
Often, arbitrators make the wrong choices regardless of their competency and professionalism. But due to the laws, there are limitations on challenging or appealing the resolution provided by the arbitrator. This can significantly harm the people involved in the case, as they will be forced to stick with the final decision made by the arbitrator. Despite biased or unfair resolutions, there is no option to appeal for the same formally.
Arbitration can backfire in the cases of unreasonable spouses.
Divorce can lead to emotional disputes. Arbitration requires agreement between spouses, and if there is a significant amount of miscommunication and distrust between the spouses, divorce may be finalized. An arbitration process would be futile in such cases.
Costs
Arbitration is comparatively less costly than other legal options. Arbitrators are paid for their time, unlike state judges.
Evidence rules
Conventional courts have judges with specific rules and regulations regarding the acceptance of evidence. In the case of arbitrators, there is no such option. Arbitrators do not follow any particular guidelines and accept any evidence brought to them.
Cross-Examination
The process of arbitration has no cross-examination. It involves documents as proof instead of witnesses, which eliminates the chances of cross-examination. However, it can have a significant impact on the case.
Consistency
Arbitration has flexible standards and regulations, so it is tough to maintain consistency. There are also chances of bias among arbitrators, which can result in unfavorable outcomes for the case.
Insufficient Evidence
The process of arbitration is not precisely based on the evidence. It is more about the expertise and experience of the arbitrator and its application in making the right decision. This can go wrong in many ways, as human error is inevitable.
Levels of privacy
A significant amount of confidentiality is maintained in arbitration cases, which can have negative consequences for one side. It also increases the lack of transparency, which can lead to unfairness.
