What is Family Law Arbitration in Florida?
Arbitration is a method of resolving a legal dispute outside of the court system. There are many advantages to arbitration, including privacy. As lawyers who have represented successful businesspeople and entertainers, we appreciate that divorce is a stressful experience when you live in the glare of the public eye. For this reason, arbitration might be a way for resolving various family disputes, such as disputes involving property division. Contact an established law firm to discuss whether you should seek arbitration.
Is Arbitration Right for You?
In some ways, arbitration is like a trial in court. Each side presents evidence to the arbitrator, usually in the form of witnesses who testify and are cross-examined. The arbitrator is usually a former judge or a lawyer with substantial experience. After each side presents evidence, they make a closing argument to the arbitrator. The arbitrator takes the case under advisement and will issue a ruling later.
Most arbitration is binding, which means both sides agree to be bound by the decision made by the arbitrator. Some arbitration is non-binding, although that is less common.
Arbitration has some advantages over a trial. First, it is private. A divorce is a public legal proceeding, which means the press has access to the courtroom and the information in the docket. They can comb through financial statements, business information, and other sensitive data. If you are accused of infidelity or domestic violence, then those accusations are also typically public.
With arbitration, evidence is presented outside the public eye. A case usually takes place in a conference room, and the press has no right of access. That is great news for those who want to maintain privacy.
Second, arbitration can be less formal and, therefore, faster than a trial. In court, each side has certain legal rights. Discovery can slow down a case, causing a contested divorce to take several years. Arbitration might be just what you need to quickly end a legal dispute without spending too much.
Of course, there are downsides to arbitration. For one, you lose certain critical legal protections that parties receive in court. Generally, parties have certain rights to discovery and notice in legal proceedings. If you are unhappy with the trial judge’s decision, you can also appeal to a higher court. You can lose all of these rights in arbitration, so you might not want to give them up. Lastly, in the State of Florida, parties cannot agree to submit their divorce to arbitration if they have minor children.
Instead, mediation might be the better option, where you meet with a neutral indivdual to discuss the dispute. With mediation, there is no “winner.” Instead, the mediator can offer their perspective on the case, including ways you might settle. Each side has the right to walk away without agreeing to any proposed settlement.
Contact Hamilton O’Neill to Discuss Alternative Dispute Resolution
Arbitration and mediation are both alternative dispute resolution techniques which have grown in popularity over the past 20 years. Our firm is committed to protecting our clients’ rights, including their privacy. Contact our office to speak with a Miami family lawyer. We can review all options, including arbitration or mediation.
Source:
flcourts.gov/Services/alternative-dispute-resolution/arbitration