Just like in a trial, each side delivers opening statements. Then they present evidence. Unlike a formal court hearing, arbitration takes less time and tends to cost less money. Factors that streamline the process, the American Bar Association tells us, are that parties are not required to follow the same state or federal laws when it comes to evidence. And in some cases, the arbitrator doesn’t even have to apply the governing law.
The arbitrator announces their decision after the hearing, either by giving reasons or just giving the final decision. Sometimes the final decision is binding, which means it can be enforced by a court and leaves little room for an appeal. Other times, the arbitrator’s ruling is non-binding. This means it can only be final if accepted by all parties, but it can serve as guidance if the dispute does go to court.
While having an attorney in these cases is not required, we highly recommend it — with agreements that may be binding and facts all around, you want a lawyer on your side. Contact us to help guide you through this process today!
Mediation
Attendance at a mediation conference is often voluntary, though it may be required by a contract clause or contract, depending on your case. The mediator is a true neutral party. While they do not make a final judgement in the case, they will move the parties through the process with humanity, patience and negotiation that only a true neutral party can have. Just remember: A mediator is unable to advise you legally, as they’re at the hearing for both parties.
Mediation tends to save you more time and money than a court case. You’re also awarded the guarantee of confidentiality: No spectators are allowed at mediation sessions. The only record of the proceedings is the settlement agreement. Of course, the goal is to emerge feeling like both parties won a little bit, and ultimately, healed.
Interested in taking your case to mediation? Don’t hesitate to contact us today!
Neutral Evaluation
The parties here will either submit written comments or meet with the evaluator. Instead of providing a case judgement, the evaluator simply identifies the strengths and weaknesses of each side. Then, he or she gives an evaluation of the trial’s likely outcome. Not only does this give each party a chance to address their case more clearly. It will hopefully help them work toward a settlement — saving everyone time from a long, drawn-out court case.
Parenting Consultation
Over time, families change. The dynamics in the lives of divorced or separated parents are no different. A parenting consultant can help the families reevaluate and change their custody agreement over time.
This way, the most satisfactory agreement can stay consistent as time goes on!
The consultation always results in a written agreement, which is often shown to a judge for final approval. According to findlaw.com, as long as the judge is satisfied, the document is filed in state and county courts as a binding agreement.
Contact us to help guide you through this process today!