How Does Arbitration Work in Family Law Cases?

If you’re dealing with a divorce, custody, or other family law matter in New York, you don’t always need to end up in court. Arbitration is an alternative that might be a preferable option. Your family law attorney in Forest Hills, NY can represent you during the arbitration process. This guide will explain how arbitration works and how it’s used within family law.

What Is Arbitration?

Arbitration allows both parties to have their side of the argument heard without going to court. An individual will be appointed to preside over the arbitration. This individual is known as an arbitrator and has a role similar to a judge. The arbitrator will listen to the evidence presented by both parties and reach a decision.

Arbitration works very much like a court trial but is heard privately. Evidence will be presented and witnesses will provide their testimony in front of the chosen arbitrator.

How Is an Arbitrator Chosen?

An arbitrator is usually a retired judge or an experienced attorney. Both parties must agree on the arbitrator to use. This provides an opportunity to choose someone with particular knowledge in the specific area that is being disputed.

Is Arbitration the Same as Mediation?

Arbitration and mediation are similar in that both are a form of Alternative Dispute Resolution (ADR) that can be used in family law. However, there are some key differences that set them apart.

Mediation requires an agreed outcome between both parties, with the mediator holding no powers of judgement. Arbitration takes place in lieu of a court case with a judge. The arbitrator has the authority to make a decision, which is typically binding on all parties. Unlike mediation, in arbitration the two parties are not required to come to an agreement, as this is the role of the arbitrator.

Can All Family Law Cases Use Arbitration?

The New York courts encourage everyone to use ADR wherever possible, including arbitration. Some cases of arbitration may even be ordered by the courts. However, arbitration can’t be used in all family law cases even if both parties would prefer to use it. Your lawyer will be able to advise whether your case is suitable for arbitration.

Even if arbitration can be used, there may be special terms that apply. For example, any arbitration on custody, visitation, and child support may not be considered as legally binding. In practical terms, the court will almost always approve an arbitration decision, but will check to be sure it follows state laws and keeps the child’s best interests primary.

Is a Family Law Attorney in Forest Hills, NY Required for Arbitration?

It is highly advisable to have an attorney to represent you during arbitration. This is because there are many similarities to a court case, even though the evidence will be heard in private. Testimony will be given under oath, and there will be opportunities for cross-examination. Without an attorney to represent you, there’s a very real risk that you might not get the outcome you want.

We have many years of experience in dealing with all aspects of family law, including arbitration. To get dedicated advice from a lawyer who cares, get in touch with our team here at The Law Offices of Joseph H.Nivin in Queens, NY today.

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