North Carolina Divorce Arbitration Attorney
What is Divorce Arbitration and How Does it Work for You?
Arbitration in North Carolina is governed by the North Carolina Family Arbitration Act. Family Law arbitration provides an alternative dispute resolution method to traditional litigation, allowing parties facing divorce to resolve issues including child custody, child support, equitable distribution of property, alimony, and post-separation support.
In arbitration, the parties enter into a binding agreement that sets out the process for the arbitration session. Unlike mediation, which is more informal and collaborative, arbitration is a structured, court-like process that provides the formality needed to address complex legal issues, but without the pressure and strict procedures of traditional court litigation. The parties select a neutral third-party, referred to as the arbitrator, who acts much like a private Judge to resolve disputes. The arbitrator remains impartial throughout and does not provide legal advice to either party, ensuring that the process is fair and unbiased.
During arbitration, both parties and their attorneys have the opportunity to present arguments, submit evidence, and fully explain their positions. The arbitrator carefully reviews all materials and testimony before making a decision. This binding decision of an arbitrator is then formalized in a written arbitration award, which is then filed with the court. A Judge subsequently issues a court Order in accordance with the arbitrator’s award, giving it full legal effect.
Arbitration can often provide a faster, more private, and flexible way to resolve complex divorce matters. It allows couples to have greater control over the process and the selection of the decision-maker, while still resulting in a legally-binding resolution.
The Key Benefits and Advantages of Choosing Divorce Arbitration
Cost-Effective Alternative to Court Litigation
Arbitration can often be less expensive than traditional court proceedings. By reducing the need for lengthy hearings, extensive motions, and multiple court appearances, parties may save both time and legal fees, making the process more accessible and manageable.
Flexible Scheduling
Unlike litigation through the courts, arbitration sessions can be scheduled at times that work best for all parties involved. This provides flexibility not otherwise available to the parties to address important matters without the constraints of court calendars, which can reduce delays and make the process more convenient.
Confidential Process
Arbitration proceedings are private, which can be particularly beneficial for parties who wish to keep sensitive or financial matters out of the public record. This confidentiality benefit can foster a less adversarial environment through the arbitration process.
Streamlined and Efficient Approach
Preparing for arbitration is often more straightforward than preparing for traditional litigation. The arbitration process focuses on the key issues in disputes, reducing unnecessary procedural steps and allowing parties to move more quickly toward resolution while still ensuring that their rights and interests are fully protected.
Family Law Issues Commonly Addressed in Divorce Arbitration
In North Carolina, arbitration can address many of the same issues typically resolved in court, offering a streamlined and private alternative. Complex matters such as the equitable distribution of marital property, division of assets, and valuation of businesses or investments can all be handled through arbitration.
Arbitrators also frequently decide questions of spousal support, including the appropriate amount and duration of alimony. Divorce arbitration can often help parties reach practical agreements on sensitive child custody and child support issues as well.
In some North Carolina divorce and custody cases, parents already have a parenting plan in place but may struggle to resolve disagreements about specific legal custody decisions. Arbitration can serve as an effective “tie-breaker” in these situations. A provision requiring the parties to resolve disputes through arbitration may already be written into an existing parenting plan. In any situation where a tie-breaker is needed, arbitration provides a neutral third-party decision-maker the ability to step in to resolve disputes. Rather than returning to court for every dispute, an arbitrator can issue a binding resolution on contested issues—such as education, medical care, or extracurricular activities—while leaving the broader parenting plan intact. This approach allows families to maintain stability and consistency for their children, while still having a clear and efficient process for resolving conflicts when they arise.
Our Firm’s Approach to the Divorce Arbitration Process
At Miller Cushing Holladay, we take a comprehensive approach to the North Carolina arbitration process, preparing our clients for every stage with skill and care. From the outset, we will help you select a qualified arbitrator and negotiate the terms of the arbitration agreement that best fit your needs. Our Charlotte divorce lawyers will work closely with you to develop a clear strategy in presenting your case effectively, gathering compelling evidence, and preparing witness testimony to strengthen your position before the arbitrator.
As the arbitration process mirrors closely to litigation closely, we will work on a comprehensive approach to preparation. We prioritize open and transparent communication, making sure you understand the process and remain involved in all key decisions. Throughout the process, our team will advocate vigorously on your behalf, protecting your best interests with the experience, preparation, and determination you deserve.
Why Choose Miller Cushing Holladay for Divorce Arbitration?
At Miller Cushing Holladay, our divorce attorneys draw on extensive experience and specialized training in North Carolina divorce arbitration and family law to guide clients through the arbitration process. We are committed to equipping clients with the knowledge and support they need to make informed decisions in their family law cases.
All of our Charlotte divorce attorneys have participated in arbitration and understand firsthand how the process works from a client’s perspective. Our attorneys have a deep understanding of the North Carolina arbitration statutes and have training in resolving complex financial, child custody, child support, and spousal support issues that often arise during divorce. This combination of experience and training allows us to guide clients with both practical insight and professional skill.
Frequently Asked Questions
What is the main difference between divorce arbitration and divorce mediation?
Divorce mediation involves parties attempting to reach a resolution with the help of a neutral mediator. In order to reach a resolution, the parties must each agree to the final terms of an agreement. On the other hand, divorce arbitration involves parties attending a trial, known as arbitration, presenting their cases, and then having an arbitrator decide the outcome of their case.
Is an arbitrator’s decision in North Carolina legally binding like a court order?
Generally, yes, an arbitrator’s decision will be legally binding so long as parties agree for the decision to be binding prior to arbitration. However, while an arbitrator’s decision is binding, parties do have the ability to seek judicial review of certain arbitration decisions through specific post-arbitration procedures.
Do I still need my own lawyer if I choose divorce arbitration?
It is advised that you have a lawyer represent you in arbitration. While arbitration is less formal than a traditional trial, the process still requires an intimate knowledge of the law surrounding the issues at hand, as well as experience on how to prepare, presenting, and arguing a case before an arbitrator.
How long does the divorce arbitration process typically take in North Carolina?
The time an arbitration process takes will depend on the issues involved. I certain situations where the arbitrator is appointed to resolve a single issue, such as a custody dispute between parents over a major decision, arbitration can be held within one to two months. However, if the case involves multiple family law issues such as equitable distribution, child custody, alimony, and child support, the process can take months from start to finish.
What options do I have if I disagree with the arbitrator’s decision?
An arbitrator’s decision is typically binding. However, parties may challenge an arbitrator’s decisions through certain post-arbitration procedures in certain situations, although the grounds to overturn a decision are typically limited.
Can complex financial matters be resolved through divorce arbitration?
Yes, arbitration is especially helpful in the case of complex financial matters for a variety of reasons. First and foremost, parties have the ability to select their arbitrator and thus can select someone who is financially savvy and well-versed in the issues of the case. In addition, the informal nature of arbitration and control over timing allows the arbitrator the ability to give complex issues the time and attention they deserve, rather than an often-rushed court schedule.
Who selects the arbitrator in a North Carolina divorce case?
An arbitrator is typically selected by the parties in the case. Generally, parties in North Carolina family law disputes tend to select arbitrators who also practice family law in the same local area as the parties’ case.
How does the cost of divorce arbitration compare to traditional litigation?
Arbitration is typically a more cost-effective approach to resolving disputes than the court system. While parties do have to pay the cost of an arbitrator’s fee, the process is often more cost-efficient than the court process, given that arbitration is generally much more streamlined and can be handled in a faster manne,r rather than the many months or even years it can take some family law issues to be resolved through the courts.
