Resolving Family Law Disputes Through Arbitration
In arbitration, a neutral third party is hired to essentially act as a judge in deciding certain delineated issues, if not the entire divorce action. Similar to mediation, it is an alternative to traditional litigation. Unlike mediation, the arbitrator decides the final outcome of the case. Arbitration allows a case to be decided on a timeline that is convenient to the parties and typically more expeditious than through a judicial trial.
At Reich & Truax, PLLC, our family law attorneys can help determine whether this form of alternative dispute resolution is right for your situation.
What Issues Can Be Resolved Through Arbitration?
Currently, all aspects of a divorce case can be submitted to arbitration, except for child custody and child support issues. In order to begin the arbitration process, the parties must submit a written agreement to enter into binding arbitration to the court and obtain an order submitting the case to binding arbitration.
There are occasions where only a small aspect of a case may be arbitrated. For instance, there may be a dispute over the value of a business interest. The parties can choose to submit the valuation dispute to arbitration and have the arbitrator reach a conclusion as to its value. At the point, the value determination can be utilized by the parties when resolving the remaining aspects of the case.
Why PARTICIPATE IN Arbitration?
One of the main purposes of engaging in arbitration is to keep the matter private and out of the public eye. The arbitration process is totally private, except that the final decision must be confirmed by the court. Furthermore, unlike mediation, an arbitrated decision is final and binding on the parties. During arbitration, each party has the right to be represented by an attorney. The arbitration is similar to a court hearing in that evidence and testimony are presented to the arbitrator to help make the final decision.
Contact Our Lawyers If You Are Going Through A Divorce
To learn more about the options you have for your divorce issues, speak with our attorneys. To schedule an initial consultation, call 203-254-9877 or contact us online. We serve clients in Fairfield County and throughout Connecticut.