Divorce Arbitration - NC
Arbitration is an alternate dispute resolution method of resolving a dispute that is similar to litigation but can oftentimes be handled more efficiently than litigation in terms of time savings and monetary savings. An arbitration involves two spouses who have agreed to hire a neutral, third person who is trained as an arbitrator. Once hired this person will act as a judge and hear the dispute between the spouses and then make a binding decision. An arbitrator makes a decision in a case similar to the way a judge would make a decision. The result is binding on the parties and typically subjects the spouses to the contempt powers of the court in the event the arbitration award is not followed.
Arbitration has advantages over litigation in that the spouses are able to choose the arbitrator themselves rather than having a judge appointed to their case. Additionally, the spouses have the advantage of choosing when and where the arbitration will take place. For instance the arbitration can be scheduled to begin at 10AM at a location agreed upon by the spouses and then at 10AM the case will start. Conversely, in litigation a case may be scheduled to begin on Monday at 9AM but it may get heard on Wednesday at 3PM or it may not get heard at all during that particular term of court. Arbitration does not carry with it the issue of the general public being in the courtroom and hearing the intimate details of the particular case and often allows for a more relaxed environment than the courtroom.
The Family Law Arbitration Act which is contained in Article 3 of Chapter 50 was made effective on October 1, 1999. This Act specifically provides for the submission of any case involving family to arbitration. Terms are set out within the Act for the actual manner in which hearings take place, the examination of witnesses, the entry of evidence and other important trial matters. After an arbitration award is entered it can be confirmed, modified or even vacated by the court. Grounds for modifying and vacating are specified in the North Carolina General Statutes.
If you want to learn more about arbitration and how arbitration can help to make your divorce or separation process easier, please contact us at Marshall & Taylor to learn more. We can schedule a confidential consultation to address your needs and help you assess what your options are.