Arbitration can be ordered in many cases. Arbitration is usually held by an independent third party that can include a single judicial individual or a tribunal. In the case where arbitration is used, the parties involved agree to abide by the decision or decisions made by the arbitrator. The goal of the arbitration process is to achieve a fair hearing and resolution without the same level of expense and time spent in a traditional court hearing.
Many divorce and post-divorce issues can be resolved by the parties through arbitration. In arbitration, the parties or their attorneys avoid litigation by presenting disputes issues and evidence to a neutral person or a panel of arbitrators who will then enter a decision. It is a tool that can be used in order to help couples to move through stalemates and would prefer to resolve their issues without having a public hearing through the court system.
How does the process work? The divorcing couple works with their individual attorneys to choose an arbitrator that they can both agree to abide by. Unlike a traditional court proceeding, arbitration also allows the couple to decide on the procedure that is to be used in order to achieve a decision. The couple and their representation can also give the arbitrator a specific amount of time to come to a decision. One important distinction is that arbitration is generally binding, which means that it cannot be appealed back to the court system.
Currently in Ohio, many divorce related issues can be arbitrated, including division of property, spousal support, child support, and the division of debts or liabilities. Currently, issues regarding the allocation of parental rights and responsibilities (custody) cannot be decided by arbitration in the state of Ohio.
Call John J. Ready and Associates today to learn more about how arbitration can be used in your case. Call now to speak to one of our expert attorneys!