While arbitration is similar to mediation, the structure and formality is completely different. Arbitration involves retaining an arbitrator to resolve your dispute in the privacy of a business office. The arbitrator, similar to a judge in court, regulates the exchange of information, hears testimony from witnesses for each side, reviews exhibits submitted by both parties, and hears arguments on the contested issues from both sides. Once the arbitrator has heard all testimony, reviewed all evidence, and considered the arguments by both sides, he or she will rule on disputed issues.
How Arbitration Works
In order to have an arbitration hearing, former spouses must both agree to enter arbitration and sign a binding arbitration agreement that names the arbitrator. Once this is done, at least ten days before the arbitration hearing, the parties must submit: 1) lists of the witnesses each side expects to testify; 2) copies of documents and/or exhibits each side expects to offer into evidence; and 3) a brief statement of the issues and contentions of the parties.
The advantages of arbitration are typically appreciated most by people who prefer the privacy, flexibility, and freedom of working outside the court system while also seeking a similar type of formality/structure of the court system. For these individuals, arbitration may be an excellent choice to consider. Further, arbitration allows the parties to select an arbitrator with expertise in the specific area in dispute, in hopes of reaching a just resolution. Lastly, arbitration allows the parties to select mutually convenient dates for hearings versus being at the mercy of the court system, all while reaching binding decisions just like you would in court.
The disadvantages of arbitration hearings versus mediation typically center around the increased expense of retaining an arbitrator and the difficulty of appealing the ruling/award made by the arbitrator.
Contact Our Charlotte Arbitration Hearing Attorneys Now
If you are looking for aggressive representation for your arbitration hearing, contact the Family Law Attorneys at Powers Law Firm PA so we can begin mounting a case on your behalf! Call us today at 704-342-4357.