Call a San Diego Divorce & Family Law Attorney at: 858-222-6600 Text An Attorney

Is arbitration a good way to handle divorce?

Posted By:
February 8, 2020

Blog

Is arbitration a good way to handle divorce?

There are various ways to reach a settlement in a divorce without having a trial before a judge. One of those alternative ways is through arbitration. According to Nolo Press Occidental, the arbitrator is the decision-maker in resolving all the issues that are given to him or her. Arbitration is a voluntary process where you and your spouse agree to submit some or all of the issues to a trained, experienced, neutral third party. The third party is paid by both spouses to hear and decide their case and make an award that is binding on both parties./p>

The arbitrator’s decision is made in much the same way that a judge would make a decision. However, arbitration is less formal than a court proceeding. Arbitration is voluntary. The court cannot order the parties to submit to arbitration. The parties both pay for the services of the arbitrator, unlike a trial where there is no cost for the judge to hear your case./p>

The arbitrator administers oaths and can issue subpoenas. They can issue an order requiring discovery. They can allocate the arbitration fees between the parties and entering an order, requiring the parties to produce information that the arbitrator considers relevant and helpful in resolving the issues. After the arbitrator is appointed, the arbitrator meets with the parties and the attorneys to consider the scope of the issues, the date and time of the hearing, the list of witnesses and the schedule for exchanging experts./p>

There are advantages and disadvantages to arbitration. The advantage is that a binding decision is made by the arbitrator much the same as a judge would make. The disadvantage is that the decision of the arbitrator cannot be appealed to the Court of Appeals, where a decision by a judge can be appealed. Whether a particular case is appropriate for arbitration is determined on a case by case basis./p>

Comments are closed.

I’ve been working with Paul Ryan on a difficult case for over a year and he has been a God-send. He is smart, personable, very down to earth and a fighter. I had two terrible experiences previously with different SD firms, and hiring Paul has been a welcome breath of fresh air. I would highly recommend Paul, especially for active duty military and veterans.

Charles
Read Our Reviews

Three Convenient Locations For Your Service

We strive to make our clients’ family law cases as stress-free as possible. Mr. Ryan is an accomplished family law attorney who can meet at an office near you. He will handle the challenges of your legal matter while you focus on taking care of your family. You can schedule your free consultation any of our three San Diego offices by calling us now.

Ryan Family Law

Three Convenient, Inviting Office Locations In San Diego County
La Jolla 4225 Executive Square
Suite 600
La Jolla, CA 92037
858-222-6600
North County 2173 Salk Avenue
Suite 250
Carlsbad, CA 92008
760-259-0800
North County Office La Jolla Office Mission Valley Office HQ

Send Us Your Case Details

Contact Us
I read the disclaimer etc. *