The basic facts can be presented in writing or orally and the third party neutral should be required to provide a definitive response to the dispute. The spouses will then decide whether to accept or reject that opinion. In the latter case, they might contemplate litigation or arbitration. Arbitration Whereas mediation and neutral evaluation leave the decision making power in the hands of the disputants, arbitration involves a third party adjudicator whose decision is normally binding on the parties, and not merely advisory. Arbitration is like a private court.
Arbitration has several advantages over litigation.
Notwithstanding the fees and disbursements of the arbitrator, which must be paid for by one or both of the spouses, arbitration is often cheaper than litigation. You do not waste time and money waiting until a judge is ready to hear your case. You can often avoid the delays so often associated with the formal procedures that must be complied with when litigation has commenced. More importantly, you can select your arbitrator on the basis of his or her expertise. A family law specialist would be an appropriate choice if complex issues of fact and law need to be resolved in order to determine spousal property entitlements or spousal and child support.