Arbitration: Another Alternative to Court

Court is not the only option for divorcing couples. A common alternative to court is mediation, in which a neutral third party helps the couple reach their own agreement regarding division of property, child and spousal support, and custody. Another option is mediation's close cousin, arbitration. An arbitrator is sometimes described as a more informal trial conducted by a private judge. The parties actively try to persuade the arbitrator on their respective points, and in turn, the arbitrator offers a judgment.

In certain cases, the court may require that parties submit their issue to an arbitrator. In family law proceedings, however, most cases are exempt from judicially mandated arbitration. Instead, it is the parties who chose to use an arbitrator rather than a judge. When parties choose to arbitrate, they sign a contract that permits an arbitrator (rather than a judge) to hear their case, and to make a binding judgment. Generally, the court confirms the arbitrator's decision. The court does not review the arbitrator's decision except where it is shown that the arbitrator engaged in misconduct.

How does arbitration differ from traditional courtroom litigation? Arbitrating parties determine the terms of their arbitration process by agreement, and can chose to eliminate certain rules and procedures that are required in a traditional court. This may allow for a more speedy resolution. Also, many of the details of the arbitrating parties' case are kept private, whereas court proceedings are open to the public. Who serves as an arbitrator? When parties contract to arbitrate, they may choose the arbitrator, who is usually a retired judge or experienced attorney. The arbitrator is generally paid by one or both of the parties, whereas a judge receives a salary from the State.

In many cases arbitration can indeed succeed and offer an expedient way to handle divorce. Talk to an experienced family law attorney about the option of arbitration. It may be the best solution for you.

No Comments

Leave a comment
Comment Information
  • AV Preeminent Martindale Hubbell lawyers Ratings State Bar Of California | California Board of Legal Specialization Ventura County  bar association | Est. 1928 The State Bar of California Beverly Hills Bar Association ABA Defending Liberty Pursuing Justice
  • San Fernando Valley Bar Association LACBA | Los Angeles County Bar Association Avvo Super lawyers TLC | Los Angeles | Trial Lawyers Charities

Contact Us for a Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response

Contact Information

Calabasas Office
23501 Park Sorrento
Suite 103
Calabasas, CA 91302

Map & Directions

Beverly Hills Office
433 North Camden Drive
Suite 600
Beverly Hills, CA 90210

Map & Directions

Click to View Offices