Facing the decision to divorce your spouse is always difficult. However, you can minimize the financial and emotional impact by avoiding the court system with domestic arbitration. Like a jury trial, the outcome awarded in your arbitration is legally binding. And while it can provide you with the conflict resolution you need to move forward with your life, if you disagree with the outcome or the way it was decided, getting it overturned can be incredibly challenging. At Daniele Johnson & Associates, the best divorce attorneys in Atlanta will use their knowledge and professionalism to give you the advice and answers you need related to your case.
Best Divorce Attorneys in Atlanta Advice
What is Domestic Arbitration?
As described by the best divorce attorneys in Atlanta, domestic arbitration is a form of alternative dispute resolution (ADR) that gives you and your spouse the control to settle your differences without having to appear in front of a judge. You can work with your spouse to choose a neutral arbitrator that will evaluate your case at a time and location that is most convenient to you. After reviewing evidence and hearing the arguments presented by your and your spouse, they will award an outcome that is final and enforceable by law.
Overturning a Domestic Arbitration Award
According to the best divorce attorneys in Atlanta, overturning the outcome of your domestic arbitration can be extremely difficult. Doing this requires you to go through the court system for your request to be reviewed and processed, which may be undesirable to you if you originally selected arbitration to bypass the courts altogether. Also, judges are often hesitant to overturn domestic arbitration awards because it can pose questions related to the validity of the ADR process. However, there are certain circumstances in which it can be done.
- Arbitrator misconduct. By agreeing to oversee your domestic arbitration, your arbitrator is legally obligated to act in procedural fairness. If you believe your award was influenced by their potential bias, you may be able to get it overturned. However, you must provide definitive evidence demonstrating their misconduct. If this evidence is not concrete, you are not likely to succeed.
- Errors of law. When reviewing your case, the judge will evaluate the procedural steps taken during your domestic arbitration, not the specific details related to your personal situation. If they find that the arbitration did not follow the appropriate process or violated public policy, then you will have grounds for getting your award overturned.
- Unenforceable or unrelated outcome. When consulting with the best divorce attorneys in Atlanta, they may find that the outcome granted by your arbitrator is unenforceable or did not provide a final resolution to the issues related to your case. In this situation, the courts will examine the award closely. However, just because the arbitrator enforces a different interpretation of the law than the judge would have in your case does not guarantee that they will overturn your award.
Review Your Domestic Arbitration Award with the Best Divorce Attorneys in Atlanta
While it will not be easy, if you believe there is misconduct, errors or other adverse issues that affected the outcome of your domestic arbitration, you have every right to take your concerns to the court. The best divorce attorneys in Atlanta at Daniele Johnson & Associates will be by your side so you can receive the closure you need to start your next chapter.
Contact us today to schedule a consultation.
With the help of Daniele Johnson & Associates, you do not have to be in the trenches fighting your battle alone.