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Okay, what are the cons to arbitration?

Since it is not a court proceeding, participants to arbitration do not have recourse to the discovery procedures that are usually present in a trial. If both parties enter the arbitration in a fair and open manner, there should be little trouble in this area. If, however, one party conceals pertinent information, such as financial information, there is little that the arbitrator can do to enforce full financial disclosure. If this is the case, the opposing party may have to resort to the court to compel financial disclosure.

If you have absolutely no cooperation with your spouse and you believe that getting pertinent information like financial records will be like pulling teeth, arbitration is probably a waste of your time. Your lawyer may not even consider arbitration for your divorce if he or she believes your spouse and his or her attorney will not cooperate. Agreeing to arbitration is sometimes a stall tactic used by a spouse. For example; your spouse agrees to arbitration and at the time of the hearing, he or she decides to refuse to provide earning stubs or relinquish a signed financial affidavit.