With the passage of the Uniform Family Law Arbitration Act, couples may choose to have many of their family law disputes decided through private arbitration rather than through the state district court.

When a couple chooses to arbitrate a matter, they mutually select a person to act as an arbitrator to resolve their matter. An arbitrator is trained in arbitration and like a judge, an arbitrator’s decision on a case is binding.

Some benefits to arbitration include that it can be less expensive than a trial and quicker than waiting to get on the court’s schedule. Typically, both parties will share the cost of arbitration and will enter into an agreement with the arbitrator for payment of the arbitrator’s fees and costs. However, there may be some instances when one spouse will cover the cost of the arbitration for both spouses.

Arbitration is similar to a court proceeding but instead of a judge or standing master presiding over your case, it is a mutually agreed upon arbitrator who steps into the role of the binding decision maker.

The arbitration process is initiated upon mutual agreement of the parties, so everyone involved has consented to the process and the chosen arbitrator.

Costs are usually equally shared by the parties, but there may be instances where one party pays more or all of such expenses. At the onset of the process, the parties will enter into an arbitration agreement with the chosen arbitrator which details payment for the arbitrator’s services and related costs. Because the arbitration process is often more streamlined and faster, costs for arbitration can be less than utilizing the court system for binding resolution.

This process can be used for temporary issues, limited issue matters, or full scope resolution.

The time frame for an arbitrated case is worked out with input from the parties (or their attorneys), with a more than likely speedier and more efficient process. This often results in a quicker decision than a traditional district court proceeding. District courts handle a wide array of cases and their calendars for hearings are often set out months, sometimes years, in advance. An arbitrator’s availability is not as constrained or constricted by having to hear other matters which may take precedence over yours.

Unlike a district court case, filings with the arbitrator are not public record and the proceedings before the arbitrator are not open to individuals outside the proceeding.

Arbitration is also not limited to just family/domestic relations issues, other disputes can be mutually submitted for binding arbitration.

Consult with your legal counsel about whether arbitration is the route for you.

Collaborative law is an alternative method of resolving disputes whereby the parties agree to remove the matter from the courtroom setting and engage in a process of problem solving. Both parties retain attorneys, who are trained in the collaborative process, to help them settle the dispute. The basic idea is to reach settlement without the immediate threat of litigation. The parties sign contractual agreements which include requirements about disclosing information to each other, acting respectfully, insulating children, sharing experts, and having the primary goal of working toward a constructive resolution. If resolution does not occur, then the collaborative process ends and both attorneys are disqualified from further involvement. The approach, however, is to not assess blame for problems, but to focus on finding solutions that best fit the competing and shared interests of the parties, and children, involved.

The Collaborative Process allows you and your spouse/ partner (or other party, in a non-divorce situation) to negotiate a mutually acceptable agreement with the help of a professional team. Specially trained collaborative attorneys advise and help you to negotiate agreements. Both parties have individual attorneys, who meet separately with their respective client. The clients and their attorneys then participate in joint meetings with the other party and his/her attorney. Joint meetings occur on a regularly scheduled basis, with pre-approved and discussed agendas and the assistance of a neutral third-party facilitator. These group meetings may also include other professionals, such as neutral financial planners/accountants, and parenting/child development specialists to help work through issues. This group approach gives you a myriad of resources to help you achieve resolution with dignity, and without the animosity and adversarial tenor of a courtroom setting. Collaboration gives you a legal process option which helps you and your family navigate a respectful approach to dispute resolution, outside the courtroom.

Both parties have control over the process and the outcome. Each has party has the opportunity to engage in a method which allows them to handle conflict with integrity, significant input, and transparency about the process and the relevant information.

Parties who participate in the Collaborative Process recognize the importance of protecting their children from the harm which can result with litigation, and further recognize the goal of having positive future relationships.

The process is confidential and personalized. It takes place in private meetings, not courtrooms, and discussions are tailored to meet the individual needs of the parties.

Collaborative Divorce recognizes that even though the relationship may be ending, the relationships and obligations often do not, particularly when there are children. The process focuses on the future, while not dwelling on the past conflict. The process allows parties to address the emotional issues which exist that cannot be effectively dealt with by the legal system.

Collaborative Law is not a win/lose proposition, it is a win/win for the participants, helping them find their way to respectful results.

Collaborative Law is often more cost-effective, and frequently much quicker, than traditional divorce, allowing parties to invest directly in solutions rather than costly courtroom disputes.

Anderson & Voyich offers all aspects of general civil practice including: litigation, mediation, Collaborative Law, arbitration, negotiation, and drafting. Experienced counsel is here to help you resolve and address your current dilemma, whether that route be traditional court or alternative methods.