What is Arbitration?
Arbitration is an alternative dispute resolution option where a third party (family law arbitrator) is given the authority by both of the parties involved to decide issues for them because they cannot resolve the issues on their own. Both parties agree to use an arbitrator and to allow the arbitrator to make a decision on their behalf.
Arbitration agreements are put in writing, identify the appeal process, and each party seeks legal advice from a family law lawyer before they sign the agreement. If these standards are not met, then the ruling of the family arbitrator will not be enforceable in a court of law. However, if these standards are met, the arbitrator’s ruling is effective and absolute, barring an appeal.
What Is The Arbitration Process?
The arbitration process has some similarities to the court process, because each party is allowed to bring witnesses, provide evidence, and the arbitrator can make cost orders against a party. However, it is a much less formal process than a court proceeding. The arbitrator acts within the scope of the agreement that appoints them and he or she cannot exercise the same level of power that a judge has. For example, only a judge can grant a divorce, not an arbitrator.
Arbitration may or may not be a longer process than litigation and may or may not be more expensive. However, some of the advantages of using the arbitration process over the litigation process are that the parties are in control of the arbitration process at all times, it is confidential, and it is streamlined for the enforcement of the arbitral awards. Therefore, it is a more direct way of getting the issues handled when there is a family dispute.
Contact Us For Your Arbitration Needs
Rodriguez Lee LLP can help settle your family legal issues through arbitration today. Call and schedule an appointment with a family law lawyer today to discuss your arbitration options.