Arbitration can provide an out-of-court resolution to your contested case. Whether there is a disagreement over property or child custody issues, our team of attorneys can help you determine is arbitration is right for your case.
How Arbitration Works in Family Law
Why Choose Arbitration?
In our experience, the arbitration process offers some advantages over litigated divorce. Arbitration occurs in a private, out-of-court setting, which we find many clients prefer. Arbitration allows the parties to select their arbitrator of choice. While this does not guarantee a favorable outcome, it allows the parties to evaluate who is most qualified to hear their case. Arbitration can also be more efficient and cost effective than going to court. The parties have better control over the process, and some issues can be resolved by a process as simple as submitting a letter to the arbitrator.
Our attorneys are eager to help you learn more about arbitration and the best approach to resolving your family law case.
Questions about arbitration and alternative dispute resolution?
The parties and arbitrators meet in person to conduct the hearing in which the parties present arguments and evidence in support of their respective cases. Decision & Awards. After the conclusion of the hearing, the arbitrators deliberate the facts of the case and render a written decision called an arbitrator’s award.
Contractual arbitration is a consensual dispute resolution process where parties agree to resolve disputes arising from or related to a contract outside of the traditional court system. This form of arbitration offers a viable alternative to litigation, providing parties with more control over the resolution process and potentially saving time and costs.
When entering into a contractual agreement, the parties may include an arbitration clause, which stipulates that any disputes arising from the contract will be resolved through arbitration. This clause outlines the specific arbitration procedure to be followed, such as the selection of an arbitrator, the location of the arbitration hearing, and the application of state or federal rules, depending on the jurisdiction.
The role of an arbitrator is pivotal in contractual arbitration. The arbitrator, acting as an independent and neutral third party, is responsible for considering the evidence and arguments presented by both sides. Unlike the adversarial nature of court procedures, the arbitrator’s role is to facilitate a fair and impartial resolution. After thoroughly evaluating the case, the arbitrator renders an arbitration award, which is a legally binding decision that resolves the dispute.
Contractual arbitration offers several advantages over traditional litigation. Firstly, it provides a private and confidential forum for the parties to present evidence and argue their positions. This confidentiality ensures that sensitive business information or trade secrets are protected. Secondly, contractual arbitration can be more flexible and efficient compared to court proceedings. The parties have the freedom to choose their arbitrator, the arbitration forum, and even opt for specific types of arbitration, such as mediation arbitration or bracketed arbitration.
Moreover, contractual arbitration allows for a more streamlined and simplified dispute resolution process. Unlike the lengthy court procedures, arbitration typically involves fewer formalities and less complex rules. This expedites the resolution process and allows the parties to focus on the merits of their case.
While contractual arbitration is generally considered a final and binding process, there are certain instances where the arbitration award can be subject to review by the national courts. For example, if there are allegations of misconduct or if the arbitration award is contrary to public policy, the courts may intervene to ensure fairness and justice.
In conclusion, contractual arbitration is a consensual and flexible method of dispute resolution. By including an arbitration clause in a contract, parties can establish a fair and efficient process for resolving disputes. Through contractual arbitration, the parties can benefit from a private and streamlined resolution process, guided by an arbitrator’s award and governed by the applicable governing law.
In contrast to a traditional trial, Judicial Arbitration offers a less formal setting where the strict courtroom procedures are relaxed. The absence of a jury and the adoption of a more flexible approach contribute to a more relaxed atmosphere during the proceedings. Parties have the opportunity to present their arguments and evidence, similar to a trial, but with reduced formalities and rules.
The arbitrator, an essential figure in Judicial Arbitration, acts as a neutral third party responsible for overseeing the resolution process. Often a lawyer or a retired judge, the arbitrator possesses the necessary legal expertise and impartiality to make informed decisions. They carefully consider the arguments and evidence presented by each side, evaluating the merits of the case before rendering a decision.
During the Judicial Arbitration process, parties are given the opportunity to present their cases before the arbitrator. This includes the presentation of evidence, such as documents, testimonies, and expert opinions, to support their arguments. The arbitration hearing serves as a platform for parties to present their respective positions and provide the arbitrator with a comprehensive understanding of the dispute at hand.
In Judicial Arbitration, the decisions made by the arbitrator hold a binding effect on the parties involved. This means that the decision reached through Judicial Arbitration is legally enforceable, similar to a court judgment. Parties entering into the arbitration process agree to be bound by the arbitrator’s decision, allowing for a final resolution to their dispute.
Judicial Arbitration also operates within the framework of federal rules. These rules provide guidance and ensure fairness throughout the arbitration process. Additionally, parties may include arbitration clauses within their contracts, establishing their agreement to resolve any future disputes through arbitration. These arbitration clauses define the parameters of the arbitration, such as the number of arbitrators, the location of the arbitration, and the applicable rules and procedures.
While Judicial Arbitration typically results in binding decisions, there are instances where parties may engage in non-binding arbitration. Non-binding arbitration allows parties to seek an advisory opinion from the arbitrator without being legally obligated to abide by the decision. Furthermore, in certain situations, a party may request specific actions or remedies during the arbitration process, such as seeking interim relief or submitting a request for expedited proceedings.
Judicial Arbitration offers parties a consensual and less formal alternative to traditional court trials within the court system. Through the involvement of a neutral arbitrator, who is often a lawyer or retired judge, parties can present their cases and have their disputes resolved in a manner that is efficient, less formal, and aligned with federal rules and arbitration clauses. The binding nature of the arbitrator’s decision, the opportunity to present evidence, and the flexibility to engage in non-binding arbitration or make party requests contribute to the versatility and effectiveness of Judicial Arbitration as a dispute resolution mechanism
A mediation arbitration agreement is a consensual arrangement in which the involved parties, their attorneys and/or representatives, and participants agree to engage in a two-step dispute resolution process. Initially, the parties commit themselves to a mediated negotiation to address the issues at hand. Should a resolution not be reached through mediation, the parties further agree to proceed to binding arbitration for a final resolution.
The cornerstone of a mediation arbitration agreement is the agreement reached by all parties involved. By voluntarily entering into this agreement, the parties express their commitment to engage in the prescribed dispute resolution process. This mutual agreement signifies their willingness to explore mediation as a primary avenue for resolving their differences and, if necessary, to move forward to binding arbitration.
Mediation arbitration embodies the concept of consensual arbitration, as all parties willingly participate in the process. This means that they actively choose to utilize both mediation and arbitration as methods of resolving their dispute. The agreement acknowledges that should mediation prove unsuccessful, the parties will proceed to binding arbitration.
In conducting the arbitration, the process is governed by applicable state or federal rules. These rules provide a framework within which the arbitration hearing takes place. The rules ensure that the arbitration process remains fair, impartial, and consistent, in accordance with the relevant legal standards.
The mediation phase constitutes the initial step in the dispute resolution process outlined in the mediation arbitration agreement. During this phase, the parties engage in a mediated negotiation, facilitated by a neutral mediator. The mediator’s role is to assist the parties in reaching a mutually agreeable resolution through open communication, active listening, and the exploration of potential solutions. The mediation phase fosters an environment of collaboration and encourages the parties to find common ground.
In the event that the mediation phase does not result in a resolution, the mediation arbitration agreement establishes the parties’ commitment to proceed to binding arbitration. This phase involves the presentation of arguments, evidence, and witness testimonies before an arbitrator or arbitral tribunal. The arbitrator, who can be a neutral third party or a panel of experts, assumes the responsibility of rendering a final and binding decision.
During the binding arbitration phase, the arbitrator’s authority is comparable to that of a judge in a court of law. The arbitrator’s decision, also known as the arbitration award, holds legal weight and serves as the final resolution of the dispute. However, it is important to note that judicial review of the arbitration award varies based on jurisdiction and may be subject to limited scrutiny by the supreme court or other designated reviewing authorities.
A mediation arbitration agreement is a comprehensive and flexible approach to dispute resolution. By agreeing to first engage in mediation and subsequently proceed to binding arbitration, the parties demonstrate their commitment to resolving their issues in a collaborative manner. This consensual process adheres to state or federal rules, ensuring fairness and consistency. The mediation phase promotes open communication, while the binding arbitration phase allows for a final and binding decision. Through this combined approach, parties can achieve efficient and effective resolution of their disputes in a manner that aligns with their interests and priorities.
Arbitration is a more common private method in private conflict resolution. Arbitration has an effect. Often this is managed by private groups who maintain lists of available arbitrations and provide rules for its operation. These organizations are liable for the arbitration of the case whether fully or partially. Sometimes parties elect a disciplinary arbitrator based upon substantial experience. Arbitration is adjudicatory and not advisory as the arbitrators render their decisions at the conclusion of the arbitration hearing. The decisions are enforceable only if a limited court review is conducted.
Arbitration carries four functions: solving contractual disputes between managers and labour; Specifically, the interests of different parties in bargain-making situations.