Question 1

How does arbitration work in a divorce?

Accepted Answer

Arbitration is an alternative dispute resolution method similar to a final trial in front of a Judge in a courtroom. Think of arbitration as hiring a private judge to resolve your case. Standard rules of procedure and evidence may still apply in arbitration or you may agree to relax them somewhat to expedite the process and arrive at a final result sooner. If both parties agree to arbitration, then an arbitrator is selected. The arbitrator is usually a retired family law judge or a third-party family law attorney who offers arbitration services. Once the arbitrator is selected and hired, the parties proceed in arbitration much the same as traditional litigation. One benefit of arbitration is faster resolution of disputes because waiting for the Court can often take longer. Another benefit is potentially reducing costs for litigation and trial. Trial is extremely expensive, and while you must compensate your arbitrator for his or her time, often arbitration is less expensive because scheduling eliminates excess trips to Court, and presentation of your case is more relaxed which saves on time to prepare and time to present at a final arbitration hearing. One significant drawback to arbitration is that appeals are often waived as part of the agreement to arbitrate. Meaning once you receive your ruling, your options to address problems or errors are significantly less than traditional trial in Court.

Question 2

Is arbitration a good idea for divorce?

Accepted Answer

For some divorces, arbitration is a good idea. Arbitration is more expedient and can provide more privacy to the parties than a public courtroom battle. The decision to arbitrate versus going to trial in Court should be made based on your specific case and circumstances.

Question 3

What is the difference between divorce arbitration and litigation?

Accepted Answer

The main difference between arbitration and litigation is the person making the final decision in your case. In traditional litigation the Judge in your Court makes the final decision after trial. In arbitration, the arbitrator you agree to hire makes the final decision after a final arbitration hearing. Another significant difference is that appeals are often waived as part of the agreement to arbitrate. Meaning once you receive your ruling, your options to address problems or errors are significantly less than traditional trial in Court. Arbitration usually results in a quicker final hearing than traditional litigation and arbitration is often less expensive than traditional litigation. Arbitration offers more privacy than traditional litigation and is less formal than litigation at the courthouse.

Question 4

What is the difference between mediation and arbitration?

Accepted Answer

Mediation is a negotiation method between the parties. No agreements are forced on anyone and the mediator does not make any binding decisions or judgements. In mediation, the parties are in charge of offers and solutions traded back and forth. The goal of mediation is for the parties to compromise and resolve their differences without going to the courtroom. Arbitration is a substitute for final trial at the courthouse. In arbitration, a final decision is made by the arbitrator after presentation of evidence, witness testimony, and legal arguments. In arbitration, there is no control by either party and a third party determines how the dispute will be resolved.

Question 5

How long does an arbitration take?

Accepted Answer

Arbitration typically takes several days, depending on the issues in the case. It’s possible to arbitrate in one day if there are only a few disputed issues. Before arbitration, the parties have the ability to agree on some matters and narrow the focus of the arbitration.

Question 6

Should you ever agree to arbitration?

Accepted Answer

If arbitration is right for your case, then it is a good idea. But you should consult with an attorney and understand the costs, benefits, and drawbacks of arbitration before you agree to arbitration.

Question 7

How does a postnuptial agreement work?

Accepted Answer

A postnuptial agreement works in a similar manner to a prenuptial agreement. The main difference is that a postnuptial agreement takes place after the marriage has happened.

Arbitration

Navigating Divorce Through Family Law Arbitration in Montgomery County

Economical Divorce Arbitration in Texas