Lakeway Divorce Arbitration Attorneys

What is Arbitration?

Arbitration is a form of Alternative Dispute Resolution (“ADR”). Texas law has provided Texans with methods of dispute resolution that depart from the traditional litigation avenues. Lakeway divorce arbitration is a voluntary process which is governed by the Texas Rules of Civil Procedure.

In an arbitration proceeding, a neutral, third-party (the arbitrator) will hear the arguments and examine the evidence put forth by both parties. Arbitrators are well-qualified individuals, who often have extensive experience in family law as either a former judge or family law attorney. After careful consideration, the arbitrator will make a final decision, to which both parties will be legally bound. Readers familiar with mediation will notice that both methods of ADR employ a neutral, third party to help resolve the dispute. If you are unfamiliar with mediation, please consult our brief overview of that ADR method here.

Voluntarily Choosing to Arbitrate

We briefly mentioned above that divorce arbitration must be voluntarily agreed to by both parties. The choice to arbitrate can be made at various times during a dispute, or even before a dispute arises. Some couples choose include provisions that require arbitration to resolve future disputes in their premarital or postnuptial agreements. (Please follow these links if you would like to learn more about premarital or postnuptial agreements). Couples can even provide stipulations for which kind of disputes must be arbitrated. For example, past clients have included provisions in their premarital agreements that require any disagreements regarding the family pet must be resolved through arbitration.

Though divorce arbitration certainly has many distinct benefits, this method of ADR may not be the best choice for every couple. Continue reading to learn about which circumstances arbitration can produce the most benefits for divorcing couples.

What is an Arbitrator?

As we mentioned earlier, the arbitrator is an impartial, third-party individual. Both parties must agree to a single arbitrator. For couples in Lakeway, this person will generally be a retired family law judge or noteworthy Lakeway family law attorney. Arbitrators are knowledgeable of the law and specially trained in different dispute resolution techniques.

The Benefits of Arbitration

Note: Whether arbitration is the best choice is determined by the specific facts and circumstances of each party’s situation. With that in mind, some of the most significant benefits of divorce arbitration include:

1. Agency and Control: In traditional divorce litigation proceedings, the parties are not afforded the opportunity to select their judge. In arbitration, however, the couple is free to choose an arbitrator that works for everyone. Many couples have expressed how this added level of control can help transform the divorce process into an empower experience.
2. Privacy: Unlike traditional litigation that occur in the public courts, arbitration proceedings take place in private settings near the parties’ homes. Many Lakeway residents prefer the decreased travel times and increased privacy arbitration affords. Additionally, as trials are a matter of public record, some confidential documents may be revealed when a case is handled in the public court system. Arbitration can help avoid the possibility of public scrutiny.
3. Speed: It is no secret that the dockets of Travis County courts are often filled to the brim. These crowded dockets translate to increased time to resolve cases. Couples that choose arbitration are not shackled to the public courts’ schedule and can instead choose any date that works for them, their attorneys and the arbitrator. When a matter involves certain time-sensitive issues (like the custody of a pet), this increased speed can be a significant motivating factor for the selection of arbitration.
4. Cost-Effective: With increases in time comes increases in costs. Rare is the divorcing couple who seeks to spend more money on their split. Courts afford contesting parties ample time to make arguments, produce documents, and furnish responses. But for some couples, these long waiting periods are unnecessary and only serve to drive up costs. The increased speed of arbitration will generally lead to lower costs – allowing the parties to get back to doing what they love.

Contact a Lakeway Divorce Attorney for Help Today

If you would like to discuss the benefits of arbitration in your matter, please contact our offices at (512) 746-7399 to speak with one of our experienced Lakeway lawyers today.

More locations we serve: 

San Antonio Divorce Arbitration Lawyers

Plano Divorce Arbitration Lawyers

Round Rock Divorce Arbitration Attorneys

Frisco Divorce Arbitration Attorneys