Arbitration is a streamlined form of litigation before a private attorney or retired judge who makes a decision as a judge would. An arbitrator may be appointed by the court or may be privately hired by the parties. Unlike mediation, this is not a form of negotiation because the arbitrator decides the issue just as a judge would.

Arbitration can be a better choice than litigation for several reasons. An arbitrator has the ability to schedule a matter for hearing promptly. Courts do not. When parties select an arbitrator who has expertise in family law, they may receive a more sound decision than if the matter is decided by a judge with little experience in family law. Finally, the informality of arbitration allows most issues to be presented and resolved without the high expense of litigation in court.