What is arbitration?

In arbitration, the arbitrator takes on a decision-making role. After hearing information from both sides and reviewing evidence, the arbitrator issues a decision to resolve the dispute. Depending on the agreement, that decision may be binding and enforceable.

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Step 1: Agreement to Arbitrate

Sandra is a private arbitrator, which means both parties must agree to retain her in that role. An arbitration agreement, prepared by counsel and filed with the court, will formally appoint Sandra as the arbitrator and define the scope of her authority. Typically, the agreement identifies the specific issues she will decide, outlines the procedural framework for the arbitration, and specifies whether her decision will be binding on the parties.

 

Step 2: Preliminary Scheduling and Case Management

Once arbitration begins, the arbitrator may hold an initial scheduling conference to discuss timelines, deadlines, and expectations for the process. During this stage, the parties determine what information will be exchanged, establish hearing dates, identify witnesses if necessary, and address procedural matters to ensure the process runs smoothly.

 

Step 3: Exchange of Information and Evidence

Before the arbitration hearing, both parties generally exchange relevant documents and evidence. This may include financial records, property information, communications, expert opinions, parenting schedules, or other materials related to the disputed issues. The purpose of this exchange is to ensure each side has the opportunity to present their position fully and fairly.

 

Step 4: The Arbitration Hearing

The arbitration hearing is similar to a court proceeding but is typically more private, flexible, and less formal. Each party has the opportunity to present testimony, evidence, and arguments regarding the issues in dispute. Attorneys may participate if retained, although legal representation is not always required. The arbitrator may ask questions, clarify disputed matters, and carefully evaluate the information presented. All hearings and meeting associated with arbitration with our office are conducted via Zoom. 

 

Step 5: Decision by the Arbitrator

After reviewing the evidence and hearing from both parties, the arbitrator issues a written decision or award resolving the issues submitted for arbitration. Depending on the parties’ agreement and applicable law, the decision may be binding and enforceable by the court.

 

Do You Need an Attorney?

Parties are not required to have an attorney to participate in arbitration and may represent themselves if they choose. However, because arbitration often involves important legal, financial, and parenting matters, many individuals choose to consult with or retain counsel to help prepare evidence, understand legal rights, and advocate for their position throughout the process.

 

Benefits of Arbitration

Arbitration offers several advantages over traditional litigation, including greater privacy, increased scheduling flexibility, reduced delays, and a more streamlined process. It can also reduce the emotional and financial burden often associated with prolonged courtroom disputes while providing parties with a neutral, fair, and efficient method of resolution.