Filing a lawsuit in a family law case often proves to be a timely and expensive endeavor. For clients hoping to avoid a courtroom battle, several alternative dispute resolution methods exist, including Arbitration. Arbitration is a more amicable dispute resolution approach that has the potential to save considerable time, resources, and stress for all parties involved.

How Does the Arbitration Process Work?

Arbitration is a process that most closely resembles going to court, but without the need of entering a courtroom. For North Carolina family law disputes, parties have the opportunity to utilize the Family Law Arbitration Act. This Act can provide the parties clarity on processes and procedures to ensure the Arbitration moves forward in a neutral and conclusive manner.

Couples may agree to arbitrate any family law issue other than the divorce itself. This includes issues pertaining to property, debts, children, child support, and spousal support to name a few. Arbitration clauses are common features in agreements or contracts, including agreements between spouses such as a prenuptial agreement, postnuptial agreement, or separation agreement. In the alternative, if no such agreement or contract exists, the parties can also submit a family law issue to Arbitration via Consent Order. In some circumstances, a Judge may require a legal issue to be resolved by Arbitration.

Once it has been decided that certain legal issues are to be decided by Arbitration, the parties will select a neutral, third-party Arbitrator to hear the case. Arbitrators are often attorneys themselves, with significant knowledge surrounding dispute resolution and the relevant law. If your case involves a unique circumstance, having the ability to select an Arbitrator can provide a significant benefit since you can choose someone with area expertise. For example, if you and your partner are debating the value of a family business, selecting an Arbitrator with experience in the equitable distribution of businesses may prove useful. At the Arbitration, both parties will have the opportunity to testify, present evidence, and cross-examine any opposing witnesses. Once the Arbitrator has heard both sides, they will issue their decision. This decision may then be submitted to the court to be confirmed by a Judge.

A decision determined by an Arbitrator is presumed valid and binding. However, just as the standard is in court, Decisions made pertaining to spousal support, child support, and child custody may be subject to modification in the future, should circumstances change.

Should My Family Law Dispute Be Arbitrated?

Determining whether to arbitrate your family law dispute is a decision that depends on the specifics of your situation. Given that each case is unique, it is crucial to weigh the pros and cons of Arbitration before making a commitment. Consulting with a family law attorney can provide guidance in determining which dispute resolution method aligns best with your goals and specific circumstance.

If you or someone you care about is looking for an Arbitrator, our Modern Legal Team is here to help.

To learn more about having Theresa E. Viera serve as an Arbitrator on your case, click here.

Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country. 

Written by: Sabrina M. Frenette

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