When most people think about resolving a family law matter, they picture a courtroom, a judge, a formal hearing. What many people don’t realize is that there are other paths available to resolve your marital disputes and one of them, arbitration, can offer a different kind of resolution process that may fit certain situations well.
If you’re exploring your options for resolving a family law matter, understanding how arbitration works and how it compares to traditional litigation is a useful starting point. That said, the right approach for your situation depends on factors that take time, experience, and legal knowledge to evaluate properly.
What Is Family Law Arbitration?
Arbitration is a form of alternative dispute resolution (ADR) in which the parties in a dispute present their case to a neutral third party, called an arbitrator, rather than to a judge. The arbitrator listens to both sides, reviews relevant information, and then issues a decision.
In the context of family law, arbitration can be used to resolve disputes over property division, spousal support, and in some cases, certain aspects of child-related matters. It is a private process that takes place outside of the courtroom.
In North Carolina, family law arbitration is governed by specific statutes, and the enforceability of an arbitrator’s decision depends on how the process was structured and agreed upon from the start.
How Does Arbitration Work in Practice?
The Parties Agree to Arbitrate
Arbitration typically begins when both parties agree, either in advance through a contract or at the time of the dispute, to submit their matter to an arbitrator rather than pursue court litigation. That agreement defines how the process will run, including how the arbitrator is selected, what issues are in scope, and whether the decision will be binding.
An Arbitrator Is Selected
The arbitrator serves a role somewhat similar to a private judge. They are often an attorney or other professional with knowledge of family law. Both parties generally have input into who is selected, which is one notable difference from a courtroom, where the judge is assigned.
Each Side Presents Their Case
The arbitration process involves each party presenting evidence, documents, and arguments. Depending on how the arbitration is structured, this may resemble a streamlined version of a court hearing, or it may be less formal. There are typically no juries involved.
A Decision Is Issued
Once the arbitrator has heard from both sides, they issue a decision. If the arbitration was agreed to be binding, that decision carries legal weight and is generally enforceable in court, similar to a judgment. If the arbitration was agreed to be non-binding that decision may be challenged by either party.
Understanding binding versus non-binding arbitration matters enormously, and the implications of each deserve careful consideration before you agree to either.
How Is Arbitration Different from Going to Court?
The differences between arbitration and traditional litigation go well beyond just the setting.
Privacy. Court proceedings are generally public record. Arbitration is private. For families dealing with sensitive financial matters or contentious custody situations, this distinction can be meaningful.
Scheduling and pace. Court dockets in North Carolina can be congested. Litigation timelines are often outside of the parties’ control. Arbitration can sometimes offer a more flexible scheduling process, allowing the parties to move forward more efficiently.
The decision-maker. In court, a judge assigned to your case decides the outcome. In arbitration, the parties typically have more say in selecting the person who will hear the matter.
Formality and procedure. Courtroom proceedings follow strict rules of evidence and procedure. Arbitration may allow for some flexibility, though the extent of that flexibility depends on how the process was established.
Cost. Arbitration is sometimes, though not always, less costly than full litigation. The comparison depends on the complexity of the matter and how the arbitration process is structured.
Finality. A binding arbitration decision is difficult to appeal or modify. Before agreeing to binding arbitration, it’s worth understanding what avenues remain available to you if the outcome is not what you hoped for.
Is Arbitration Right for Your Situation?
Arbitration is not the right fit for every family law matter. Some situations are better suited to mediation, others to negotiated agreements, and others may genuinely require court intervention.
There are also matters, particularly those involving children, where North Carolina courts retain oversight regardless of what the parties agree to privately. The best interests of the children standard applies in custody determinations, and courts have a vested interest in ensuring that the best interest of the children is the guiding star.
Deciding whether arbitration is appropriate for your situation involves understanding your goals, the specifics of your dispute, what you’re willing to agree to, and what the law allows. These are not decisions to make lightly or without guidance.
How Can Eatmon Law Firm Help You Navigate Your Options?
At Eatmon Law Firm, PC, Christine Eatmon and Tamara Brooks serve as arbitrators and mediators in family law matters, in addition to representing clients through the full range of alternative dispute resolution processes available in North Carolina. The firm also offers mediation/arbitration, a blended approach in which the parties agree in advance on a transition point from mediation to arbitration if full resolution isn’t reached through mediation alone.
Whether you are weighing arbitration against litigation, considering mediation, or simply trying to understand your options, the firm can help you make an informed decision that fits your circumstances.
If you have questions about arbitration or any other family law matter in Wake Forest, Wake County, Durham, Franklin, or Granville County, we encourage you to contact our firm to schedule a consultation. Every family’s situation is different, and the right path forward starts with understanding yours.