McKinney Divorce Arbitration

What is Arbitration?

Similar to negotiation or mediation, arbitration is a form of Alternative Dispute Resolution (ADR). Just like the other forms of ADR, the Texas Rules of Civil Proceduregovern how arbitration is applied in the context of divorce. 

Arbitration shares similarities with both mediation and traditional litigation. Many find it helpful to think of this ADR method as sitting at the half-way point between mediation and formal litigation. Like mediation, a neutral, third-party (the “arbitrator”) presides over the arbitration process. But like traditional litigation, the arbitrator’s role shares a few similarities with the judge’s role in a traditional courtroom setting. For example, similar to a judge, the arbitrator is empowered to issue a final, binding decision. Additionally, arbitrators hear arguments and the evidence presented by both sides of the matter. Finally, like courtroom judges, arbitrators always have impressive qualifications and professional experience, which helps ensure that the parties are served by an individual with a deep understanding of Texas family law.

Voluntarily Choosing to Arbitrate

Just as with all other forms of alternative dispute resolution, arbitration is strictly voluntary, meaning both parties must agree to its use before any proceedings may commence. The consensual nature of arbitration even extends to the choice of arbitrator. This means that in order for the arbitration process can begin, both parties must have already agreed to the identity of the arbitrator. In selecting their arbitrators, the parties are entitled to ample time in which they can review all of the arbitrator candidates. The lawyers at Kirker Davis LLP have ample experience with McKinney’s best arbitrators. This experience allows our lawyers to craft your position in the way that will best persuade the selected arbitrator’s dispute resolution style. Another benefit of arbitration is that couples need not wait until a dispute has arisen before opting for its use. Many forward-thinking McKinney couples are turning to premarital and postnuptial agreements that select arbitration as the dispute resolution method in the event that a dispute arises. By preemptively selecting arbitration before a dispute exists, such couples can more easily reduce the duration and severity of disputes. Additionally, couples need not select arbitration as the dispute resolution method in all cases. Instead, couples may choose to use arbitration for specific types of disputes, such as pet custody.

Who is the Arbitrator?

As we briefly mentioned above, arbitrators operate in a similar to that of a judge in the courtroom. First, the arbitrator will hear the arguments of each party and consider any evidence presented to support their positions, respectively. After weighing all the factors, the arbitrator will then render a final decision. For couples who select arbitration in McKinney, the arbitrator will be a respected member of the North Texas legal community, such as a retired judge or prominent lawyer well versed in Texas family law. This way, all parties can be sure that the arbitrator will render a fair, equitable decision.

While many couples have enjoyed the benefits of arbitration, this ADR method may not be the best option in all circumstances. The brief list below highlights some factors that may make a couple better suited for arbitration. 

What are the Benefits of Arbitration?

Note: While countless McKinney couples have enjoyed the benefits of arbitration, this ADR method may not achieve the goals of all couples. Whether arbitration will produce the best results for your situation will depend on a number of factors. A frank discussion with a qualified lawyer can help identify all the pros and cons of arbitration in regard to your matter. Some of the most common arbitration benefits include:

• Increased Control: Arbitration can provide the parties with an increased amount of control over what is offered through formal courtroom litigation. In formal litigation very, very few decisions are within the control of the parties – the judge, the venue, and the schedule– all are determined with almost no input from the parties themselves. In contrast to the limited autonomy enjoy by parties in formal litigation, parties in the arbitration process are free to set almost all of the terms, including the setting, the identity of the arbitrator, and the schedule. Many couples in McKinney have expressed that this increased sense of autonomy that has led to high overall satisfaction with the process.
• Increased Privacy: The increased level of control enjoyed by those in arbitration also extends to increased privacy. Rather than being forced to reveal countless details in an open court, parties who select arbitration can instead select a setting, such as an office park, where their dispute can be resolved privately, away from the eyes of the public. For couples who want or need a higher degree of confidentiality, arbitration will likely prove an attractive option. 
• Increased Speed: In addition to increased privacy and control, arbitration offers significantly reduced timelines than the sluggish process of traditional litigation. Unshackled from the crowded dockets of the traditional court system, couples who opt for arbitration are able to bypass the crowds and select the time and place that works for them. Arbitration routinely allows couples to resolve their matters in a number of weeks or months and not years! Those couples who seek a faster resolution to their matter should give serious consideration to arbitration. 
• Decreased Costs: It has been said that “time is money.” Nowhere does this old adage have more weight, perhaps, than in the legal context. For this reason, most individuals who find themselves in a legal dispute wish to resolve the matter as quickly as possible. The increased speed and efficiency of arbitration permits those engaging in this form of ADR to keep costs far below what would be possible in traditional litigation. 

Contact a McKinney Divorce Attorney for Help Today

Do you think your matter could benefit from arbitration? Please feel free to contact our offices at (512) 746-7399 to discuss your options with one of our experienced McKinney lawyers today.