Arbitration
A binding dispute resolution process where a neutral arbitrator makes decisions on contested divorce issues.
Example
They agreed to arbitration to resolve their property valuation dispute outside of court.
Canadian Equivalent
In Canada, this is referred to as Arbitration / Family Arbitration (ON Family Law Act Part IV governs family arbitration; must use Canadian law).
Jurisdiction Variations
CALIFORNIA
Not commonly used (judicial preference for court oversight)
California courts retain jurisdiction; binding arbitration of custody issues is prohibited
NEW-YORK
Arbitration available but custody not arbitrable
New York prohibits binding arbitration of custody; property and support can be arbitrated
Related Terms
mediationmed-arbsettlement-negotiation