ARBITRATION IN DIVORCE CASES
A. Difference between arbitration and mediation in cases of divorce :-
Firstly, let us discuss the differentiation between arbitration and mediation in divorce cases.
Mediation related to the issue of divorce should only be taken up by the people who are ready to reach an acceptable agreement, also it should be used by the parties, who agree to get over the communication barriers which hinders them party to reach towards an agreement and not by the ones who are dealing in high conflicting issues and become paradoxical in reaching towards an agreement.
As the term mediation can be defined as reaching towards a center point, this method should not be used by the people who needs perfectionism or are indecisive, furthermore it shouldn’t be used by the party who is likely to back out from the decision that was or will be decided during the mediation session as it does not constitute a binding effect on the parties.
In such a situation arbitration becomes a solution to this problem because it heads towards a decision which is officially binding for the parties and moreover, cannot be appealed in the court of law, thus setting an advantage for the arbitrator who is able to put a full stop to a divorce dispute.
B. Advantages of arbitration in reconciliation of divorce issues :-
? Litigation, ? Mediation, and ? Arbitration
These are the three ways in which a dispute can be resolved but, in case of resolving a divorce dispute arbitration has got an upper hand as,
? Arbitration hastens the process of dispute resolution: - In comparison to litigation, the process of arbitration is much faster. It just requires the arbitrator and the parties to agree on a same date.
? Arbitration is convenient: - Generally, in litigation parties have to agree on the date given the court whether it is flexible for them or not but in arbitration the meeting can be scheduled according to the flexibility of the parties, therefore making it convenient for the parties.
? Arbitration finalizes disputes: - arbitration helps in making a final decision for the parties, which is absent in case of litigation and mediation, as decision made through litigation can be appealed in higher court and decision came through mediation is non-binding, thus arbitration is best possible way to lead to a firm decision as it is binding and cannot be appealed in court as well.
? Arbitration is private: - in arbitration only the parties having dispute are called, while in litigation there can be many people who hear the disputes, which can sometimes make the couple uncomfortable, while in arbitration there is a one to one conversation between the arbitrator and the parties.
C. Disadvantages of arbitration in reconciling divorce disputes: -
? No mutual decision: - As in mediation the parties mutually decide the solution, this is not the case in arbitration, here the arbitrator decides the solution and once the parties agree to it they cannot back out from that.
? Binding agreement: - In case of mediation the decision is not binding and in litigation the decision can be further appealed if the parties are not satisfied, but none of this can be done in decisions taken through arbitration because they are binding on the parties whether they are happy with it or not.