Arbitration And Other Family Law Resolution Options
While a court battle is often the divorce process illustrated on television shows and movies, there are, in reality, a variety of family law resolution options. When the individuals are able to communicate effectively, they could be able to negotiate the terms of a divorce agreement with the guidance of their attorneys. And even when this is not possible, arbitration or mediation solutions could be explored before deciding to leave the decision making up to a judge in a court of law.
When you share your priorities with a Tampa family law attorney, they can advise you on what resolution path could be appropriate for you. For example, each option has its own pros and cons when it comes to time frame, costs, and the amount of input you and your spouse have into the final outcome.
Ongoing Disagreements and Resolution Options
If you are unable to negotiate a divorce agreement with your spouse because of ongoing disagreements, you may be interested in pursuing mediation, which means you and your spouse will each have your own attorneys and a neutral third party, a mediator, will guide the negotiation discussion toward a resolution. The agreement is, in essence, still negotiated and consensually agreed upon by the individuals divorcing.
Arbitration is different from mediation because it is an adjudicatory process, but a private one as opposed to a public adjudication in a court. A legal process, an adjudication means an arbiter or judge will make a final decision after reviewing evidence provided by both parties and listening to the arguments of each side. When you agree to the arbitration process, the final decision is binding.
Litigation, meaning a judge will make the final decision in the details of your Tampa divorce is often seen as a last resort for couples. This is because it can extend the timeline before a divorce can be finalized, which can add to the expense and emotional impact of a divorce.
Arbitrators Could Be Retired Legal Professionals
Because arbitrators need to have a full understanding of Florida and federal laws in order to decide disputes, they are often retired legal professionals, such as retired judges, for example. After you decide to go through arbitration and schedule a hearing with an arbitrator, you and your Tampa family law attorney will spend time gathering information to support the outcome you are seeking.
Arbitration hearings could be scheduled months into the future. It is important to remember these decisions are binding, if you want more control over the terms of your divorce, mediation may be a better option.
Would you like a lawyer to walk you through your options as you move toward divroce? For some couples, arbitration or mediation are great resolution options. Other divorces require litigation, particularly if a case involves high value assets and the individuals involved are unable to communicate effectively. Connect with the legal team at HD Law Partners and share details of your situation and your desired outcome. Then, our experienced attorneys can work to secure the future you are seeking. Call 813-964-7878 to schedule a free consultation.