If you and your spouse have made the decision to divorce, you may be dreading the idea of going through the legal system to sort out issues related to child custody, asset division and more. In many instances, this exhaustive process can draw out for years and wreak havoc on your financial and emotional welfare. However, with domestic arbitration, you can bypass the courts altogether and select your own arbitrator to settle your case.
What is Domestic Arbitration?
Domestic arbitration is a type of alternative dispute resolution (ADR) that allows you to reach a legally binding settlement with your spouse without having to go in front of a judge. As opposed to traditional divorce, domestic arbitration gives you much more freedom and control over your separation because you and your spouse can schedule the proceedings at your convenience and choose the arbitrator that will oversee your case.
What is an Arbitrator?
An arbitrator is a neutral third party that will manage your domestic arbitration. They will review testimony and examine the evidence submitted by you and your spouse to award a decision in your case that is final and enforceable by law.
Guidelines for Selecting Your Arbitrator
When choosing the arbitrator that will oversee your domestic arbitration, there are a few guidelines that must be followed.
- Mutual agreement. You and your spouse must mutually agree on the person that will manage your case. In most circumstances, you will work with the American Arbitration Association (AAA) to make this decision.
- Training and accreditation. The arbitrator you select must specialize in family law or be a legal practitioner with a minimum of five years of experience that has spent a quarter of that time working on family law cases. Along with that, they must have completed arbitration training with the AAA to be qualified to oversee your case.
- Potential bias. Your arbitrator is obligated to act in procedural fairness when assessing your domestic arbitration. To ensure that you and your spouse can be heard equally, your arbitrator must inform you of any potential biases that could prevent them from awarding a fair judgement.
Other Factors to Consider When Choosing Your Arbitrator
Along with the prerequisite guidelines, there are a few other key considerations to evaluate when selecting your arbitrator.
- Expertise. While many family law specialists are qualified to manage your domestic arbitration, you want to choose someone that has expertise in the specific areas related to your case. For example, if you are trying to reach a child custody agreement, then you want to select the best child custody lawyer for your arbitration.
- Current caseload. When going through the court system, you are assigned a judge that must manage several hearings per day, which can prevent them from dedicating the time and effort to you that you deserve. Therefore, when researching arbitrators, inquire about their caseload and make sure their schedule allows them to give your case the attention it needs.
- Diversity. When evaluating your arbitrator, you want to consider someone that has unique perspectives that will align with you and your spouse to enhance their understanding of your circumstances. This brings an element to their decision making that will make you feel confident in the outcome that is awarded in your domestic arbitration.
Daniele Johnson Is Here to Help With Your Domestic Arbitration
While selecting an arbitrator can feel difficult and overwhelming, the professionals at Daniele Johnson & Associates are here to help. They will use their excellence and experience to provide you with a resolution that will allow you and your spouse to move forward towards a better tomorrow.
Contact the firm today to schedule a consultation.
At the Law Offices of Daniele Johnson, LLC, Daniele has the insightful and respectful approach you need to make your domestic arbitration a success.