ARBITRATION
What is Arbitration?
Arbitration is an alternative dispute resolution process that takes place outside of a courtroom. Both spouse’s lawyers jointly select a private arbitrator or a panel of arbitrators to decide the outcome of the case. Each lawyer presents evidence on every issue that must be resolved for the divorce to be finalized. This can include spousal support, child custody and support, and division of assets and debts. The arbitrator listens to each side and makes a decision, and all parties agree to abide by the arbitrator’s choice. Less evidence is required for arbitration, and each side’s presentation is straightforward and succinct. Arbitrators charge by the hour, and their fees are typically lower than that of going to court for a contested divorce.
Why Would I Want to Arbitrate My Divorce?
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Confidential - Arbitration hearing's are held in private; the parties may submit the arbitration award for confirmation along with a joint request that such award be filed under seal.
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Efficient - Arbitration tends to be much quicker than traditional litigation. Arbitrators set and enforce deadlines, and the arbitrator’s final award is usually issued within 30 days of the hearing.
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Cost-Effective - The parties save thousands of dollars in attorney fees and expert fees, as well as reduce their time away from work and home obligations.
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Reduces Conflict - The time and cost of traditional litigation can cause emotional distress. The efficiency of Arbitration can help the parties move on with their lives more quickly.
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Subject Matter Expert Arbitrators - Hire experienced divorce attorneys who are up to speed on current Utah law to decide your case.
Frequently Asked Questions
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Is Arbitration right for my divorce?
Arbitration may be the best option for divorcing couples looking to adhere to a divorce trial format without the formal rules or inefficiencies of a family court.
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What can I arbitrate?
You can arbitrate all issues in divorce, but some issues are reviewable by the district court. You can arbitrate all or part of property distribution, business value, alimony/spousal support, imputation of income, cohabitation, and interpretation and enforcement of premarital agreements, and those issues are binding and non-reviewable.
Issues like child support, custody, and parent-time may be arbitrated, but are not binding and must be reviewed by the district court.
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Is Arbitration binding? What does that mean?
Yes, arbitration decisions are generally binding. This means that not only will parties need to accept the arbitrator’s decision, but also they cannot then bring the case to court or appeal. Each case is different, though, and the benefits of arbitration may outweigh the risks.