March 3rd, 2021
There are several different avenues for family law dispute resolution that can happen between parties, outside of court. One alternative to court is Arbitration. So what is Arbitration?
Arbitration is a way of resolving conflict and obtaining a decision to a dispute. During an arbitration, each party must agree to be bound by the decision of the independent third party (the arbitrator). The arbitrator will listen to evidence and arguments and at the conclusion will give a decision on the issue.
Your arbitration hearing typically takes place in a boardroom at the office of the arbitrator. You can represent yourself or be represented by legal counsel. In addition, the parties can decide how formal they would like the arbitration to be.
There are many advantages of choosing arbitration over the court.
Cost-Effective. Arbitration is an out-of-court avenue to resolve a dispute that uses a more streamlined process than the courts and typically is less expensive than court trials.
Straightforward. The arbitration process is much less complicated than litigation. One or both parties can self-represent should they choose, and the process can be as informal as the parties would like.
Flexible Schedule. The arbitrator will work with both parties to determine a schedule that can be flexible to accommodate work and vacations. Even though timelines can be imposed during arbitrations, they are not as strict as timelines imposed by the Rules of Court. Arbitrations can typically occur much sooner than a traditional court trial.
Confidential. All arbitrations are private, so any communications and documentation made in the course of the arbitration are also private including finances. Unlike a public court appearance that is typical of litigation, arbitration allows your dispute to be resolved in private.
Choice of Arbitrator. Unlike the court system, where parties have no choice regarding whom on the judiciary will listen to their dispute, with arbitration, the parties can pick their mutually agreed on an arbitrator.
Arbitration is a means to resolve many different kinds of legal conflicts. Whether your issue is small or complex, arbitration is a choice for anyone involved in a conflict.