Fairfield County Divorce Arbitration Lawyer

Divorce Arbitration
For Westport, Newtown, Greenwich, CT & Beyond

Here at The Law Offices of Eric R. Posmantier, LLC, we understand that traditional litigation isn't the only way to resolve disputes during a divorce. Divorce arbitration can be a preferred alternative, offering a more private, efficient, and often less adversarial approach to resolving conflicts. As Connecticut divorce lawyers, and Attorney Posmantier sometimes serving as an arbitrator, we provide impartial guidance and fair resolution processes tailored to your unique needs. Choosing arbitration means putting control in the hands of an experienced arbitrator, ensuring a faster, more cost-effective solution.

What is Divorce Arbitration?

Divorce arbitration involves a privately-hired neutral who serves essentially as a private judge. This professional, known as an arbitrator, is often a highly experienced family lawyer (such as Attorney Posmantier), and sometimes a retired judge. Arbitration allows divorcing couples to hand-pick the person who will decide their impasse, and resolve contested issues in a far more relaxed and efficient environment. Connecticut laws provide specific frameworks for arbitration, ensuring fairness and legal integrity.

How Does the Divorce Arbitration Process Work in Connecticut?

A brief overview of how the divorce arbitration generally works is as follows:

• Initial Consultation: The first step in divorce arbitration is an initial consultation with the attorney. In this meeting, the lawyer will evaluate your case, discussing the specific circumstances and how arbitration can be beneficial. This session is crucial for setting expectations and understanding the arbitration process.
• Due Diligence Process: Once counsel has been retained, both parties typically engage in a due diligence ("discovery") process. This important and extensive phase involves the collection of all necessary information to address the resolution of the divorce and may involve appraisals of property, business valuations, and, in extreme situations, forensic accounting work.
• Selection of the Arbitrator: In the event an issue needs to be adjudicated (whether during the due diligence phase, such as compelling a party to provide information, or the ultimate resolution of the divorce), both parties, with the assistance of counsel, will select an arbitrator. This individual, typically a lawyer or retired judge with extensive experience in family law, acts as a neutral decision-maker. The choice of arbitrator is critical; their experience and approach can significantly impact the process and outcome.
• Arbitration Sessions: The heart of the process lies in the arbitration sessions. Here, both parties, along with their respective attorneys, present the disputed issues to the arbitrator. These sessions are conducted in a structured yet flexible manner, allowing each party to express their concerns and preferences through the submission of documents and testimony -- in the same manner as is done in the court system.
• Decision and Final Agreement: At the conclusion of the arbitration sessions, the arbitrator will render decisions on the unresolved issues. These decisions are binding. The arbitrator’s decision is based on the information presented and is made with the aim of fairness and legality.
• Finalizing the Divorce: The arbitrator's decision is next submitted to a judge, who will "rubber stamp" what the arbitrator decides, so as to make the arbitrator's decision enforceable by law.

Why Choose Arbitration Over Litigation?

Arbitration, compared to court litigation, offers numerous advantages. It ensures privacy, as proceedings are not part of the public record. The process is generally faster, avoiding prolonged court schedules. Financially, arbitration often proves less costly than traditional divorce litigation. Moreover, it grants couples greater control over who is deciding disputes, and exactly what disputed issues are submitted. Importantly, the environment in arbitration is normally less adversarial, thereby reducing emotional stress.

Contact The Law Offices of Eric R. Posmantier, LLC Today

If you think divorce arbitration may be right for you, contact a knowledgeable and dedicated Fairfield County divorce arbitration lawyer from The Law Offices of Eric R. Posmantier, LLC today. Or, if you are seeking an experienced family lawyer to serve as your arbitrator, contact Attorney Posmantier (together with your spouse) to understand exactly what the process involves.