Why Arbitration is the Best Choice for your Family Disputes

Divorce is a rough process and for those facing it, there is a lot of uncertainty.  It turns lives upside down and pulls families apart. No couple enters marriage expecting it to fail. It can be overwhelming when considering divorce and facing the legal process can feel devastating. The couple involved may have different points of view on issues like property division, custody of the children, or support.

The following information is provided to help your clients make informed decisions about arbitration and why it might be best for all involved.

Arbitration is a form of Alternative Dispute Resolution (ADR) that avoids litigation by involving one or several impartial individuals to impose a legally binding settlement. It is a process by which parties enter into a contract or agreement to have the issues in their dispute determined by a third party called an arbitrator.  Due to the ever-increasing number of court proceedings, cost of litigation, lack of privacy, and a myriad of other reasons, there is a growing trend to resolve family disputes through some form of ADR.

Couples have the opportunity to choose the arbiter instead of an assigned judge to preside over the case. This person usually has experience in divorce/family matters and may even have specific knowledge and expertise of the situations or areas of conflict that the spouses are going through. If the process requires child custody hearings, land evaluation or even management of an estate, the arbiter chosen usually has the know-how to help the couple. It is important to define the necessary issues within the arbitration process as this will help the case proceed with less difficulty.

Additionally, for larger matters, the parties can choose a panel of three or even five arbitrators. Reducing the risk of relying on just one person to make the final decision can be useful in complex, high risk and/or high dollar disputes.

In arbitration, you can receive a final decision. In a court judgment, most if not all final decisions are subject to appeal. At the end of the process, the arbitrator issues a judgment or “award” that addresses all the issues that were presented to be resolved. Unless the parties agree otherwise, there are limited grounds to object to the confirmation of an award. The parties may agree in advance that the award will be binding and not subject to appeal in any way. This helps provide the level of finality tailored to the parties’ sensitivities.

Therefore, although arbitration may not be right for everyone, in most instances, it provides many advantages over traditional litigation in the court including, the ability to select a fair and qualified decision-maker, the ability to tailor the process in a way that maximises the exploration of alternatives, and it also helps the parties to reach voluntary agreements.

Dialogue Solutions is dedicated to giving individuals and companies the necessary tools for resolving problems using ADR techniques, such as arbitration.

Contact us today!