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Arbitration Services

What is Arbitration?

Arbitration is a relatively new option for domestic cases. In a nutshell the process of arbitrating your divorce or child custody matter provides an affordable, prompt, confidential, and cost effective solution as compared to traditional methods.

Arbitration is often confused with mediation. The mediation process utilizes a neutral third party who does not judge the case but helps facilitate a discussion between the parties. The mediator identifies and helps to define the issues, and then puts them in perspective in an attempt to resolve the dispute. Any resolution that comes from a mediation is voluntarily consented to by the parties. In an arbitration the parties consent to an arbitrator making a binding decision on issues that they cannot agree on. This decision is made after a private hearing that is very similar to a traditional court hearing. The arbitrator is in essence your own private judge.

Benefits of Arbitration

Affordable cost-effective resolution. Unlike a traditional divorce, an arbitration offers a set cost for the parties. There are no hidden fees and no additional billable hours for one of our arbitrators. The parties pay a set price of $3,000 for the arbitrators’ services. This standard cost is approximately 80% less expensive than the average divorce involving child custody in Georgia, according to a recent study conducted by Forbes.

Time Savings– A permanent resolution for a traditional divorce can take months or even years to obtain. Based upon the availability of our arbitrators and the clients, a binding permanent resolution can be attained in as little as one week. This allows the parties to move on with their lives rather than spending months or years with the dark cloud of a pending divorce hanging over their head.

Confidential- Our arbitration hearings are held in a private office. This provides our clients with a more dignified and private process by which to settle their dispute. In a traditional divorce proceeding, the hearing is held in a public courtroom with a court reporter who is tasked to make a record of everything that is said during the hearing. Arbitration allows the parties to avoid airing out all of the marital sometimes embarrassing dirty laundry in front of an audience.

Flexibility– An arbitration allows the parties to agree to disagree on some or all issues concerning their dispute. This in essence allows the parties to control the scope of the hearing before the arbitrator.

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O.C.G.A. 19-9-1.1 provides:

“In all proceedings under this article, it shall be expressly permissible for the parents of a child to agree to binding arbitration on the issue of child custody and matters relative to visitation, parenting time, and a parenting plan. The parents may select their arbiter and decide which issues will be resolved in binding arbitration. The arbiter’s decisions shall be incorporated into a final decree awarding child custody unless the judge makes specific written factual findings that under the circumstances of the parents and the child the arbiter’s award would not be in the best interests of the child. In its judgment, the judge may supplement the arbiter’s decision on issues not covered by the binding arbitration.”

Accordingly, the arbitrator’s custody ruling / award would be subject to judicial review as to whether the ruling / award is in the child’s best interest. However, the court will likely give the arbitrator’s ruling / award considerable deference, in particular if the arbitrator is an experienced and respected family law professional. Any ruling / award of the arbitrator is made a binding judgment of the Superior Court and has the same legal effect as a final order from a judge. See, O.C.G.A. section 9-9-15.

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