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Divorce arbitrationArbitration is a process for solving the disputes that have arisen between 2 parties who are divorcing each other. This takes place when the divorcing parties want to solve the problem in a lesser period of time without approaching or taking help from the court.
Typically, an uncontested divorce takes around 1-3 months for completion in New Hampshire; however, the duration of the proceedings depends on whether there are children involved. New Hampshire does not have a mandatory waiting period before the divorce is finalized.
Thus, in arbitration, the private judge is in control of the process and the outcome, whereas in mediation, the disputing parties maintain control. Most Arbitrators will be flexible and work around the schedules and needs of the parties.
An arbitrator's decision generally is binding, which means if you don't like it, you can't ask for a do-over and go to court for a second chance. You also can't appeal the decision to a higher court, so you are stuck with whatever the arbitrator decides.
Arbitration could work to resolve your divorce if you have an issue or two on which you did not agree. It would be a cheaper option than a divorce trial with less hostility. Before you opt for a divorce trial, work with your family law attorney to explore all possible ways to settle your case.
Arbitration is often resolved much more quickly than court proceedings, so attorney fees are reduced. Also, there are lower costs in preparing for the arbitration than there are in preparing for a jury trial. For binding arbitration, there are limited opportunities for appeal.
Yes. You may settle your dispute at any time before the arbitrator issues the award. If you have settled, or believe you are close to settling your dispute, notify your Case Administrator.
A Arbitration is an out-of-court method to settle commercial disputes through a binding decision. It is a private, highly flexible method of dispute resolution, where the parties select the arbitrators, the place where the hearings will be held, the rules, language and type of procedure.
This is the position despite the fact that section 101 of the Model Act provides that parties may refer all issues arising from a marital separation or divorce, except the divorce itself, to arbitration.