Is Divorce Arbitration Confidential?

Posted January 16th, 2025.

Categories: Blog.

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When two people make the difficult decision to get divorced many decisions have to be made. The pair must figure out the division of property, spousal support, child custody, and child support. Traditionally, these decisions have been made in court by a judge. However, in recent years ADRs (alternative dispute resolutions) have become popular. Couples aim to avoid the time and money associated with litigation by negotiating on their own or going through mediation or arbitration. One of the most attractive features of arbitration is that through the process you can ensure that the personal details of your divorce case remain private and confidential.

If you are considering arbitration during your divorce it is imperative that you seek skilled legal counsel. Reach out to family lawyer Mark S. Guralnick to discuss your options and learn more about your rights.

What is Arbitration?

Some cases, including divorces, have the option of going to arbitration instead of trial. Arbitration is a legal process where two individuals and their legal representation meet with a neutral third party, known as the arbitrator. The arbitrator acts much like a judge presiding over a court would.

Both parties present their side and evidence to the arbitrator who will then make a decision. The ruling they make is legally binding, though it can be challenged in court.

Is Divorce Arbitration Confidential?

Yes, divorce arbitration proceedings are confidential. Only the arbitrator’s final decision is shared outside of hearings as it must be entered into the divorce decree. The evidence and information shared during meetings are not subject to public record. This means that unlike traditional litigation, you can protect your testimony, financial records, and personal information and maintain your privacy throughout the proceedings.

Information from hearings will only be shared if both parties agree to it in writing or if any of the information is required to be disclosed for another legal purpose. For example, if any testimony or documents show evidence that a crime has taken place, that information may be needed in a proceeding case.

Should I Use Arbitration?

If you are getting a divorce, arbitration may benefit your case. The process allows you to avoid waiting weeks or months for a court date and ensures you save money on attorney and court fees. Every relationship is different so there is no telling whether litigation or an ADR is the best option for you, but if you want to keep your divorce private for whatever reason, it is worth looking into arbitration. Speak with a skilled attorney at the Law Offices of Mark S. Guralnick for more information and legal advice.

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