The difficulty and at times inability of an individual to communicate with one’s spouse during a time of divorce is a common occurrence. Many times, one or both spouses may feel hurt or confused about why the divorce settlement is taking place. It is expected that these emotions will be felt, but these feelings should not have to affect the children of the marriage. Although initially, one might find it difficult to accept the dissolution of a marriage, it prevents progress and mutual respect in other aspects of the divorce. One of the most important things to come out of a marriage is a child.
In order to protect the child from the chaos of divorce, as well as allow their best interests to take priority, it may be necessary for the parents to communicate an agreement of custody arrangements, or a parenting plan, when it comes to the child. Although the ideal situation would be for both the parents to come together and develop this parenting plan, sometimes the parents may have a difficult time agreeing with one another. When hostility is unavoidable, it is sometimes necessary to look to other options to guide them through the process of developing a parenting plan.
The process of going through the court system can be expensive and time-consuming. Therefore, parents may choose to enlist the help of an arbitrator for the development of a parenting plan. Arbitration does not necessarily have to be legally binding. Parents may choose to use the arbitrator as a form of mediation in assisting the parents to come to an agreement over issues and stipulations on the parenting plan. However, the option to make the parenting plan legally recognized is also an option. This type of arbitration is called a binding arbitration. Binding arbitration is a form of alternative dispute resolution. It is a legal form of resolution that occurs outside of the courts. Binding arbitration is legally binding so you will gain the benefits of legal recognition without having to go through the court systems. For this reason, courts do recommend binding arbitration as opposed to filing a hearing to resolve the development of a parenting plan.
During a typical session of arbitration, a third party will sit down with each parent, separately if need be, and listen to them before coming to an agreement for a finalized parenting plan. Some parents may choose to develop the parenting plan with the help of the arbitrator without ever having to see the other parent, if they so choose. Arbitration is still the recommended method for devising a parenting plan as both parents will still be able to have their input and the child will not have to deal with the stresses of the courts. This type of resolution may spare the child from having to see both the parents stressed out over dealing with one another, or even openly arguing with one another. If there are still disputes that are unresolved through an arbitrator, both parents may need to resolve the disagreements with the court.
For those parents who are still unable to come to an agreement with their parenting plan, it may be a good idea to consider binding arbitration. Just because a marriage is severed, a relationship with a child is permanent, and both parents must find a way to decide on life decisions for the child. For those parents who choose not to face one another, binding arbitration provides them with a method of communicating through a third party, adding an element of objectivity to an emotionally-charged situation.