Arbitration is the agreed process of settling a legal dispute with a neutral party who issues a binding decision. Arbitration is often mistaken for mediation. In mediation, a neutral party—the mediator—facilitates a settlement between the parties. In arbitration, the neutral party listens to evidence and then makes a binding decision, much like a private judge.

Arbitration is a method that avoids much of the traditional legal process and has become increasingly popular over the past 25 years. If you have a credit card, streaming service, or other service contracts, you are usually required to use arbitration if a dispute occurs.

Companies understand what we know. Arbitration is a fast and cost-efficient method for a neutral party to resolve disputes.  John is a state-certified arbitrator and has occasionally served as a judge over the past 34 years he has been an attorney.

The big secret is that arbitration can also be used in family law cases. As an attorney for 34 years, my clients' biggest complaints have been about the long time it takes to get a trial and the high costs. Some cases can drag on for years and incur thousands of dollars in expenses while you wait.

We are now providing binding arbitration services for family law cases. A lesser-known law permits arbitrators to resolve most contested matters in family law cases. This includes custody, visitation, property division, modifications, and other related issues that both parties agree upon, which are not legal issues requiring a court ruling. The parties must also agree that specific parts or the entire family law matter is binding, meaning that, with very few exceptions, the arbitrator's decision is final. Eventually, it is incorporated into a court order in your county and becomes a court order.

What are the pluses of family law arbitration?

• It’s typically quicker than the court system

• It is confidential (your business is not public record)

• Even with arbitration fees, it’s typically cheaper than going through all the steps required in the legal system

• It is a formal process, but more relaxed on evidence and procedures than a regular court

• You can represent yourself or have an attorney

• Decisions come back quicker than most court cases.

• You can do all the processes of court (discovery, subpoenas, and the like)

• Can accommodate multi-day cases more easily than a court

• The parties can decide what issues they want to arbitrate

• You can have more than one arbitrator hearing the case (called a panel)

Misuses of family law arbitration?

• Any ruling of the arbitrator is made a binding judgment of the Superior Court and has the same legal effect as a final order from a judge. It’s not the judge, and under very limited circumstances, a court may vacate an award.

• Paying the arbitrator

• Still needs to be incorporated into a court order.

THE PROCESS

An agreement to binding arbitration signed by both parties, either drafted by them or their attorneys, or by Different Way Mediation, LLC. This can occur before your divorce case is filed or at any time up to the actual trial of the action (usually with Court approval if later).

An agreement between both parties regarding who will serve as the mediator and any special rules they are seeking in their case.

To engage and sign with us on policy, procedures, and payment requirements, we do not meet with either party. If a document is needed, we send it to both parties.

You can contact us if you have questions, but please note that you won't be able to speak directly with John about mediation, arbitration, or GAL issues.  If you desire a written agreement to arbitrate, please let us know.

At Rife Law Firm, we are committed to providing personalized and effective legal solutions tailored to your unique needs. Contact us today to discuss how we can assist you.