Sometimes, once a traditional divorce case has been filed, the parties have strong opposing views which preclude resolution. In lieu of a trial, they may agree to go to binding arbitration. In arbitration, both parties agree to let a third person, usually an attorney, decide the issues on which they cannot agree. These issues may include child custody, child support, spousal support, parenting time, and property division.
Arbitration may be a good solution for high-conflict cases that cause scheduling problems in the court because of the time needed to hear the issues. The parties will get an arbitration date sooner than a court date. It is also a more economical alternative to an extended trial for parties who simply cannot agree.
Whatever issues the parties agree to submit to arbitration are thus decided by someone other than the parties. Once the arbitrator makes a final recommendation, the resulting settlement is submitted to a judge. The judge must enter the settlement, unless the arbitrator breaks very limited rules.