Practice Area Articles
The benefits of arbitration are many. The process is confidential and private unless it is provided for, and no record is kept of the proceedings. Each party has some control over the process by selecting their decision maker by mutual agreement. By contract, the parties can determine how evidence will be presented, what rules of court will apply, what issues will be decided and whether or not the arbitrator’s decision will be subject to judicial…
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Matrimonial arbitration can be used to resolve multiple or single family law issues which the parties agree by contract to submit to the arbitration process. Some parties are bound by the terms of prior contracts such as premarital agreements to submit their marital disputes to arbitration. Others may choose to do so, even after litigation is pending, either as an alternative to mandatory alternative dispute resolution forms required in their judicial district, or simply because…
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Alternative dispute resolution can save financial and emotional costs. Not only is litigation expensive and time-consuming, but it can be very stressful. You may feel that an important part of your life is on hold while you are waiting for a trial date, wondering and worrying about the outcome. If you have to deal with each other in the future, using an adversary process like litigation risks polarizing and embittering your relationship. The emotional wounds…
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It is becoming very common for our clients to ask about alternative dispute resolution (ADR). In fact, in many judicial districts in North Carolina, the district court has adopted rules for mandated ADR in family law cases. The goal of the Administrative Office of the Courts is to have statewide mandatory custody mediation and mandatory ADR for the resolution of financial issues related to separation and divorce. Even after you file a lawsuit, statistics show…
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Mediators can increase the likelihood of a negotiated settlement by bringing the skills, creativity, and influence of trained, impartial third parties to bear on the problem. Perhaps more importantly, frequently mediation can save time and money. Mediation keeps your options open, and reduces issues of conflict. Although most people who begin mediation have a successful conclusion, some do not. If mediation doesn’t work, you can still sue, and go to court or engage in arbitration.…
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