Family Law Issue or Dispute? Consider Arbitration

Hire an Experienced Minneapolis and St. Paul Family Lawyer

Arbitration can help to settle family law and other matters. While an attorney is not required to be present for arbitration, it is highly recommended. A qualified St. Paul and Minneapolis family attorney can attend arbitration with you to make sure your rights are not violated during the arbitration process.

Arbitration Time Frames and Issues

The arbitration process can take just a couple hours or a few days. The length of the arbitration depends on how many issues are at hand and whether the parties can come to an agreement. Common issues decided during arbitration include child support, custody and visitation, spousal maintenance and property distribution.

How Arbitration Works

Generally, both parties and both attorneys attend arbitration. A third party that is not involved in the case, mediates the situation. Even if the parties do not get along or have an open domestic violence, they may still both attend arbitration. The parties are kept separated during the process.

Prior to arbitration, the arbitrator reviews the petition, answer and counter petition for dissolution of marriage. Depending on the arbitrator, he or she may speak to the attorneys prior to the start of the arbitration. A qualified St. Paul and Minneapolis family attorney at Steven H. Snyder & Associates can advise the arbitrator of its client’s wishes.

The arbitrator starts with one issue at a time. He or she finds out from the petitioner what his or her wishes are regarding the issue then brings the wishes to the respondent. The respondent will either:

• Agree, and the matter is completed;
• Not agree and dictate her wishes; or
• Agree with stipulations

If the respondent agrees, the arbitrator makes notes to that effect and the next issue is brought to the table.

If the respondent does not agree and dictates his or her own wishes, the arbitrator brings those issues back to the petitioner. The petitioner may agree, not agree or agree with stipulations. The arbitrator goes back and forth, until the parties can come to an agreement with discussions between a Minneapolis family lawyer and his client. If they cannot come to an agreement after some time, the issue is set aside and the arbitrator moves on to the next issue.

If the respondent agrees but has stipulations, the stipulations are repeated to the petitioner. Again, the arbitrator goes back and forth until an agreement is made or some time has passed with no agreement and the issue is set aside.

If time permits at the end of the arbitration, the issues are revisited to see if the parties can come to an agreement. Often, issues that could not be agreed upon previously can be worked out because of other concessions one of the parties made in a different issue.

Collaborative Arbitration

If the parties are on speaking terms, the parties, the arbitrator and the attorneys for both sides may sit in one room. Each party has his turn to speak on each issue. An agreement is worked out between the parties.

Finishing Up

At the end of the arbitration, the arbitrator drafts a Marital Settlement Agreement with all agreed upon issues. The parties sign the agreement. This agreement is incorporated in the Final Judgment. If there are still issues outstanding, those issues go to a final hearing before the Court.

Contact an experienced Minneapolis and St. Paul family lawyer today to see if arbitration can work for your family.