When it comes to family laws, there have been many changes when it comes to the structure since the introduction of a single family court and compulsory mediation. Aside from this, there is also a notion that the court should be the last resort when it comes to legal separation.
Most divorcing couples nowadays resort to a more flexible and practical method which is known as arbitration. In this kind of setting, couples aim to resolve the issues on finances and properties in connection with their separation. An arbitrator needs to be appointed by both sides that will help them arrive a binding decision. It’s the job of the arbitrator to listen to their client’s woes.
The arbitration is an alternative to court hearings. When the attempt to settle the dispute fails, then that is the time to look into the issue usign an arbitration.
Advantages of Arbitration
The good thing about arbitration is its flexibility. Both parties can choose where, when, and how it will be implemented. You can choose to hold in the arbitrator’s office or you can set a specific venue for that. Arbitrations are useful when it comes to resolving discrete issues as well.
The entire proceedings, as well as the decision made, are entirely confidential unless the concerned parties chose to reveal it. This practice makes it attractive for the elite group since they are given privacy when it comes to separation issues.
Both parties have a chance to set how fast the arbitration should finish. In fact, it is chosen over court process since it is a quicker and more practical route to take. You don’t need to undergo tedious court hearings and complex procedures
Freedom of Choice
In an arbitration, both parties have a say on the judge allocated to their case. Aside from this, the arbitrators are appointed by both parties. You have a choice to choose an arbitrator based on your preference and personal reasons.
How Does it Work?
An arbitration agreement should be signed by two parties. Both parties should state that they entirely undestand and comprehend the agreement without anyone forcing them to do so. Both parties should need to agree with it before the proceedings push through. The way it will be conducted will depend on the choice of both parties.
Cost of Arbitration
The cost of arbitration will depend on the arbitrator you will appooint. Arbitrators usually charge by the hour. The venue or room costs will also be shouldered by arbitrators. The good thing about choosing your arbitrator is that you can tailor fit it to your budget and needs. The duration of the arbitrator’s service will depend on the complexity of the process.
Both parties can agree on how they will share the costs of the arbitration. If ever the dec the zision will not be made, the arbitrator has the right to decide who will pay the costs.
Arbitral Reward and Decision
The award will be given by the arbitrator once all the evidences have been evaluated and heard. Remember that the arbitrator has the right to conceal the reason for the decision. If one of the parties would like to convert it to a financial order, then that is the time to bring it to the court for a proceeding.
Benefits of Divorce Arbitration
In expediting the device resolution, arbitration is a faster option compared to litigation. Both the parties can also agree with the date of the first session. When you have issues with time and cost, this is the first option that you need to look upon.
Compared to mediation, an arbitration session can arrive to a final decision and resolution to a particular case or dispute. It is binding and cannot be appealed. This can prevent perpetual litigation to occur. When both parties have reached an impasse, an arbitration is the choice of everyone involved in the process.
The arbitration process doesn’t need to follow all the rules of the evidence during the process. This helps in solving the issue faster and it will cost less between the two parties. Both parties can agree which rules to follow or not.
When the divorced couple agree that they will settle the case via an arbitration, both parties need to get their own lawyers. Upon signing the consent order, the process will begin in settling the dispute or case. The arbitrators appointed by both parties will work on determining the decision through the presented evidences of both parties.
Divorce lawyers in Jacksonville FL have been the talk of the town due to their professionalist when it comes to arbitral cases. If one should need a divorce arbitration proceeding, these lawyers should be on top of your list.