As an alternative to collaborative divorce proceedings, some divorcing spouses in Florida have begun using binding arbitration. Arbitration uses an attorney arbitrator who acts much like a judge in the proceeding. The arbitrator issues a binding opinion at the end of the arbitration proceeding. Essentially, it is a private judge and a private "trial." Obviously this provides the parties with far more privacy over the disputed issues in their divorce, much like collaborative process does.
One problem: if children are involved, Florida Statute 44.104 prohibits binding arbitration. This law codifies an aspect of Florida caselaw which has required a judge review all the child-related provisions in a Florida divorce settlement agreement. The law gives judges this power because the state has an interest in ensuring that its children are supported and cared for by their parents. Even in a collaborative divorce case, the judge is charged with reviewing the child-related provision of the agreement.
While divorcing spouses may decide to use binding arbitration for all other matters, it cannot be used to decide the child issues. So you have two options: have the arbitrator make a recommendation on the child issues that can be reviewed by the judge or use the collaborative divorce process to reach a complete settlement of all issues.
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