Divorce is an intimate process and many people want to be able to have a certain level of privacy. In a court setting, generally, everything is a matter of public record, and you may not want any of the specifics about your divorce available to the general public. Divorce arbitration is a better option for individuals seeking an alternative to a public court hearing, as it is more private. At DeTommaso Law Group, LLC, we recognize that confidentiality and privacy during this process are important and help our clients with the divorce arbitration process for that reason.
The Nature of Divorce Arbitration
Arbitration is a form of alternative dispute resolution in which a neutral third party, known as the arbitrator, hears both sides of a dispute and issues a binding decision. Unlike court trials, arbitration sessions are not open to the public and are usually conducted in a private location. This setup naturally provides a greater level of confidentiality compared to traditional litigation.
Ensuring Confidentiality in Arbitration
Arbitration offers a private setting that helps protect sensitive information during divorce proceedings. To ensure confidentiality, parties need to establish a written agreement prior to arbitration that maintains the confidentiality of all aspects of the process, including evidence, testimony, and the arbitrator’s decision. Access to this information should be limited to individuals directly involved, such as attorneys or financial experts, who are also bound by a duty of confidentiality. It is also important to note that certain exceptions may apply, such as situations involving potential criminal activity or harm. Discussing these exceptions with legal counsel in advance can help safeguard your privacy while addressing any necessary disclosures.
Limitations to Confidentiality
Arbitration offers more privacy than public litigation, but it has its limits. If an award is enforced in court or if it is challenged in court, some information goes into the public record. The same situation occurs if a party does not abide by an award and the other party seeks to enforce the award; the record of arbitration will include information about the arbitration itself. Finally, public authorities can share information that may pose a danger to public safety or be illegal behavior, despite the signed arbitration agreement.
Protecting Sensitive Information
To safeguard personal and financial information during arbitration:
- Organize Documentation: Ensure that all documents shared during arbitration are relevant and necessary. Redundant or irrelevant information can increase the risk of unintended disclosures.
- Use Secure Communication Channels: Share documents and communications through encrypted emails or secure file-sharing platforms to prevent unauthorized access.
- Consult Legal Experts: Work closely with attorneys experienced in arbitration to navigate the complexities of confidentiality and ensure that all protective measures are in place.
The Benefits of Confidentiality in Divorce Arbitration
Opting for arbitration can offer several advantages:
- Privacy for High-Profile Individuals: Public figures or business owners can resolve disputes without exposing personal or financial matters to the public eye.
- Control Over the Process: Parties have a say in selecting the arbitrator and can tailor the proceedings to suit their needs, including agreeing on confidentiality terms.
- Reduced Emotional Stress: The private nature of arbitration can reduce the emotional strain associated with public court battles, leading to a more amicable resolution.
At DeTommaso Law Group, LLC, we prioritize our clients' privacy and work diligently to ensure that their interests are protected throughout the arbitration process. If you're considering divorce arbitration and wish to maintain confidentiality, contact us today to discuss how we can assist you in navigating this path with discretion and professionalism.