Senior Partner, Burton Hochberg with Schiller DuCanto & Fleck LLP
Throughout my 39 plus year Domestic Relations career, I have worked with families facing some of life's most difficult transitions. When clients come to me during a divorce or family law dispute, one of the first conversations we have is about how best to resolve the issues ahead.
While litigation and mediation remain important options, I have seen increasing interest in divorce arbitration as an alternative. In many cases, arbitration offers families a more efficient, private, and practical way to resolve disputes while avoiding some of the challenges of mediation as an available option and traditional court proceedings.
This is especially true in high-net-worth divorce cases, where complex financial issues, business interests, and significant assets can make litigation more time-consuming and costly.
Here are five reasons I believe family law arbitration is becoming an increasingly valuable tool for resolving divorce and family law disputes.
1. Arbitration Can Help Families Reach a Resolution More Quickly
One of the most common frustrations I hear from clients is the length of the legal process. Court calendars are often crowded, and even relatively straightforward matters can be delayed by scheduling conflicts and procedural requirements. Even mediation can go on for months and months.
Divorce arbitration allows parties to schedule hearings directly with the arbitrator, usually leading to a faster path to resolution with dates that are typically consecutive. For many families, reducing uncertainty and moving forward sooner is a meaningful benefit.
2. It Provides Certainty When Agreement Is Not Possible
Many people are familiar with mediation, in which a neutral professional facilitates settlement discussions. Mediation can be highly effective, but it depends on both parties reaching an agreement.
Arbitration is different. If the parties cannot resolve their dispute themselves, the arbitrator will make a decision. Because that decision is binding, clients have confidence that the process will ultimately produce an outcome rather than prolong the conflict.
For individuals seeking an effective alternative to divorce litigation, that certainty can be especially valuable.
3. You Can Select an Experienced Family Law Professional
One aspect of arbitration that many clients appreciate is the ability to select the person who will decide their case.
Family law disputes often involve complex financial issues, parenting concerns, business valuations, executive compensation packages, and other unique circumstances. In a high-net-worth divorce, these issues can be particularly significant.
Arbitration allows parties to select an experienced professional with a strong and extensive understanding of family law and complex financial matters, which can help build confidence in both the process and the outcome. There is often no substitute for experience.
4. It Offers Greater Privacy
Divorce proceedings often involve deeply personal matters and sensitive financial information.
Unlike courtroom proceedings, family law arbitration occurs in a private setting. For business owners, executives, physicians, entrepreneurs, and other professionals, confidentiality can be a significant advantage.
Privacy and confidentiality are other reasons many clients in high-asset divorce matters choose arbitration over traditional litigation.
5. It Gives Families More Control Over the Process
In litigation, much of the timeline is set by the court. Arbitration offers greater flexibility. Parties can often schedule hearings around work obligations, parenting responsibilities, and other commitments.
While no dispute resolution process is entirely stress-free, having greater control over scheduling and procedures can make the experience more manageable for everyone involved.
If you're considering divorce, arbitration, or other alternatives to conventional litigation, contact us here.