Why Is Family Law Arbitration “Underutilized” in Atlanta?
In a 2023 article, the American Bar Association referred to arbitration as an “underutilized” ADR option for families. When people think about alternative dispute resolution (ADR), their minds often jump to processes like meditation and collaborative law. Arbitration is perhaps lesser-known and less popular. But why? Are families overlooking this option? Could arbitration be the right choice for you as you resolve your divorce in Atlanta?
Why Is Arbitration Less Popular for Divorcing Spouses?
Arbitration is a legitimate option for spouses who want to avoid divorce trials. So are options like mediation and collaborative law. So why are these other two options more popular compared to arbitration?
Many spouses find the arbitration process daunting. An arbitrator behaves much like a judge in a trial, and they have considerable power over the outcome of your divorce. While participating in the arbitration process is voluntary, spouses cannot simply walk away once they agree to take part. When this process begins, the only possible outcome is a legally binding decision issued by the arbitrator. Spouses must accept these decisions. Some people avoid this route due to the finality of this option, but it may be a good course of action if you wish to bring the case to resolution.
This is not the case with mediation and collaborative law. If spouses do not like the trajectories of their negotiations, they can end this process. This may give spouses a greater sense of freedom and control. However, it is worth noting that when spouses walk away from the negotiation table, they essentially make trials inevitable. Trials do not provide much freedom or control.
Why Is Arbitration Underutilized?
Are spouses making some kind of mistake when they choose mediation over arbitration? Why does the ABA refer to arbitration as an “underutilized” approach? The ABA stresses that the “finality” of arbitration could be beneficial for spouses. Although it might seem daunting to put so much power in the hands of an arbitrator, spouses can at least feel confident in knowing that at the end of the process, they’ll achieve some kind of resolution. It might not be exactly what they wanted, but at least their divorce will be over.
The alleged speed of mediation and collaborative law is often illusory. Because spouses always have the power to walk away from the negotiation table, there is always the possibility that these discussions will be a complete waste of time. Instead of proceeding straight to trial, spouses spend weeks or even months on negotiations that were never going to succeed in the first place. With arbitration, the overall process is almost guaranteed to be faster than a trial.
Can a Divorce Lawyer Help Me with Arbitration?
Although arbitrators lead the arbitration process, your family law attorney in Atlanta may still play a central role in the negotiations. You can bring your family lawyer to the negotiation table, and they can advocate for your best interests as you work with your arbitrator. Of course, arbitration is not the only option, and you might also want to consider mediation and collaborative law. Continue this discussion with Kaye, Lembeck, Hitt & French today.
Sources:
americanbar.org/groups/family_law/resources/family-advocate/2023-fall/family-law-arbitration-underutilized-adr-option/
bartalk.org/article/features/2017-10/family-law-arbitration-update
