The global pandemic is creating turmoil and uncertainty in almost all facets of our lives. The justice system is not immune from unpredictable changes. It’s difficult to know when you’ll have access to court services to get relief and closure.
So how do you mitigate possible delays and uncertainty? If you’re going through a divorce, you can use an alternative dispute resolution option, such as arbitration. Working with your spouse and an arbitrator can also be faster and less expensive than a Family Court trial.
Arbitration is most useful when the parties are unable to reach an agreement and the procedural requirements for a Family Court trial would be too costly or problematic. In arbitration, an unbiased, mutually-agreed upon decision-maker – usually a family law attorney – acts as a private judge, or arbitrator, to resolve the disputes in the divorce that stand between you and finality.
Each side presents their position and is allowed to present the arbitrator with documents and/or testimony in support of their requests. After hearing from both parties and any related witnesses, and reviewing all supporting documents, the arbitrator issues a binding decision.
Arbitration has many advantages – In addition to choosing the decision-maker, as well as the time and location of the trial, arbitration also allows less formal proceedings with no time limit (unlike the limits of the courthouse) and you’ll receive a written decision in as few as 15 days, as compared to a judge’s decision which may take weeks or months to return.
The family law team at Porter McGuire Kiakona, is ready to answer your questions and guide you through the divorce process in the most efficient and cost-effective manner.