Divorce can be one of the most challenging experiences a person goes through. In recent years, arbitration has become a popular alternative to traditional litigation, allowing couples to resolve their issues in a less formal and more private environment. A question many spouses have regarding divorce arbitration is whether the information shared during the process is kept confidential. If you are considering arbitration but have questions regarding the process it is important that you consult with an experienced attorney. Speak with a Shelby County, Tennessee divorce lawyer today to discuss your situation and obtain legal representation.
What is Divorce Arbitration?
Arbitration is a form of alternative dispute resolution (ADR). During hearings, a neutral third party, known as the arbitrator, hears both sides of a dispute before making a legally binding decision. In a divorce case, arbitration can help address various issues like property division, child custody, child support, and spousal support.
Couples may choose arbitration for many different reasons. The process can help them save time and money, maintain more control over the outcome of their divorce, and allow them to avoid the public eye.
Is Divorce Arbitration Confidential?
A significant advantage of arbitration over divorce court is its confidentiality. In Tennessee, like many states, arbitration proceedings are generally not part of the public record. Confidentiality may be crucial for couples who want to keep their personal matters and information private. Court proceedings are typically open to the public and are accessible to anyone. Arbitration hearings, however, take place in a private setting and are not subject to public records.
Confidentiality allows couples to resolve their differences without public scrutiny as well as protect their reputations and personal lives. This is especially important when children are involved. Knowing that the information shared will be kept private has also proven to encourage individuals to communicate more openly and honestly, reduce stress in divorcing couples, and provide a less formal and confrontational environment.
Is Arbitration Ever Not Confidential?
While hearings are generally kept private, it is important to note that certain documents or information may be disclosed at some point. If later on one or both spouses become involved in litigation or if the arbitrator’s decision is challenged, some information may be necessarily entered into public record.
Divorce arbitration generally offers a confidential alternative to traditional divorce proceedings in Tennessee. However, it is crucial that both parties involved understand the limitations of the process and consult with legal professionals to help them navigate arbitration. By understanding the rules surrounding this ADR individuals can make informed decisions that best suit their needs and interests. If you are considering arbitration during your divorce, contact Rice Law to speak with an experienced attorney and discuss your situation today.
