(For Family Mediation, please refer to the “Mediation” section)
Arbitration is a process where spouses sign a contract agreeing that an independent person makes a decision, similar to a judge. To get everything resolved in a divorce, spouses usually need to either come to an agreement or go through a trial, which can be years away, and very expensive because of all the steps which need to be completed to get to a trial. Arbitration simplifies that, so that you can receive a decision sooner, usually at a much lower cost than trial.
Our arbitrations are much faster than resolving your dispute through the courts, which means less time being stressed out from being locked in a legal dispute, and less time at war can lead to more cooperation between parents after the dispute is settled. Arbitration hearings are typically also more relaxed, flexible, and informal than courts, which can help to reduce stress and custom-tailor the approach to your family’s unique needs.
Judges usually have not practiced Family Law before joining the courts, which can lead to arbitrariness, costly appeals, and additional hearings. In arbitration, you can reduce that risk by choosing a Family Law arbitrator with experience in Family Law.
Arbitration starts with a conference call between spouses or their lawyers and the arbitrator, where you decide the procedure to be followed. Interim hearings can be held to address emergencies or address what needs to be completed prior to a final decision, such as exchanging financial documentation. The procedure is either by agreement or otherwise decided by the arbitrator, which decreases the amount of complex rules. Spouses can participate in arbitration with or without lawyers, although we recommend obtaining independent legal advice.