Arbitration Attorneys in Texas

Family Law Arbitration Handled by OWLawyers®

At OWLawyers®, we understand how tiring family law matters can be. Often, resolving family law disputes can be costly in more ways than one. Not only do emotions tend to run high in family court, but family law cases like divorce and asset division can take a heavy toll on the whole family, including kids.

That's why our family law team is committed to helping couples and families achieve a resolution as quickly as possible. When it comes to family law, our firm has the knowledge and unique skill set to help families resolve their disputes efficiently and effectively, all while keeping costs and conflict to a minimum.

We approach every arbitration with a compassionate, solutions-focused strategy to provide the customized legal guidance you and your loved ones deserve. 

Understanding Family Law Arbitration

Family law arbitration is a form of alternative dispute resolution (ADR) that functions as a "hybrid" process combining negotiation and a contested trial. It allows couples to privately resolve issues in the presence of an appointed third party (arbitrator).

The arbitrator's role is to act as an impartial third party and make finalized, legally binding decisions for couples when they can't reach an agreement on their own. In the right circumstances, arbitration can provide families with more privacy and flexibility to resolve issues effectively and peacefully.

The decision to arbitrate allows for a private, streamlined, and less formal option compared to traditional court litigation (such as in a costly, litigated contested divorce or child custody battle). 

While there are various ways to leverage arbitration to your advantage, some primary purposes of family law arbitration include:

• providing a confidential and less adversarial forum for resolving disputes;
• encouraging open communication and cooperation between parties;
• reducing the time and cost involved in resolving conflicts through court litigation; and
• offering a more flexible and customized approach to resolving disputes.

Differences Between Arbitration, Mediation, & Collaborative Law

Arbitration differs from other ADR methods, such as divorce mediation and collaborative law, in that the arbitrator reserves the authority to make a binding decision on the matter. This is not the case in mediated divorces and collaborative law divorces, where appointed legal professionals facilitate negotiations between the parties without making any decisions for them.

Benefits of Family Law Arbitration

Arbitration offers families an effective means to resolve their issues by fostering a personalized, focused legal approach tailored to each family's unique needs. It involves a less formal setting than traditional family court proceedings, which can encourage both parties to openly participate in honest and constructive communication for lasting resolutions.

Key benefits of choosing family law arbitration include opportunities like:

• Appointing an arbitrator with specialized knowledge of relevant issues. Unlike traditional litigation, which generally entails "luck of the draw" factors like randomly selected courts and judges, arbitration allows families to work with legal professionals who have experience relevant to their case. For example, if the dispute involves the valuation and division of a family business, the parties can select an arbitrator with experience handling business division in divorce.
• Resolving family law disputes more efficiently. Arbitration is designed to speed up the process of divorce while providing each party the opportunity to present their case. Arbitration provides a type of "concierge" service, where the arbitrator has more bandwidth and resources to address key issues and achieve a final resolution faster. In arbitration, interim matters are efficient handled to help couples get to their final hearing faster.
• Resolving complex issues without sacrificing privacy or dignity. For many couples, keeping a divorce or family dispute out of the public eye is a top priority. This is often the case in the event of a high net worth divorce that may be susceptible to scammers, or legal matters involving high-profile individuals. Because the traditional court system is a government function, court hearings are open to the public and preserved in public records. Public court systems can also put children at risk of exploitation or lasting harm to their health and emotional well-being. Arbitration offers many Texas families the opportunity to resolve family matters in private proceedings that are closed to the public and unavailable for public access.
• Offering a less formal, less intimidating option than traditional divorce. Going to court can be intimidating and scary. From dress code requirements to judges to courtroom layouts, there's a variety of things to think about in traditional family court litigation. Lawyers may treat the courtroom like a battlefield, which can raise hostility between the parties. Arbitration offers couples a more comfortable and private setting to resolve disputes, often with fewer formalities and a more conversational, solutions-based approach. Lawyer advocacy remains an important part of arbitration, just with fewer weapons and more collaboration.

The arbitrator will conduct an initial conference to lay out the issues and get an understanding of each side's perspective before holding the final hearing, which empowers couples to prioritize dispute resolution.

Learn more about family law arbitration in this comprehensive guide.

Initiating a Family Law Arbitration Case in Texas

To initiate an arbitration case in Texas, involved parties must first agree to submit their dispute to arbitration, typically through a written agreement. This can be done either before or after a dispute arises. 

Once both parties have agreed to arbitration, they will need to select an arbitrator, either by mutual agreement or by following a procedure outlined in their arbitration agreement.

How Our Firm Approaches Family Law Arbitration

When preparing to arbitrate a family law dispute, it's critical to select an arbitrator with an in-depth knowledge of Texas state laws and sufficient experience arbitrating family matters like yours. Our attorneys work closely with clients to identify arbitrators whose background aligns with the specific issues in their case, and to prepare a clear, well-documented presentation of the facts.

During the arbitration process, both parties will present their evidence and arguments to the arbitrator. This may include witness testimony, documents, and expert opinions. Our team helps clients organize and present this evidence effectively, so their position is as clear and persuasive as possible. 

The arbitrator will then consider the evidence and make a decision, which is typically binding on both parties.

After the arbitration process is complete, the arbitrator will issue a written award outlining their decision. If the parties are satisfied with the outcome, they can move forward with implementing the award. If either party is unhappy with the arbitrator's decision, they may have limited options for appealing the award, depending on the terms of their arbitration agreement and applicable Texas law. Our attorneys can walk you through what those options look like.

Common Cases in Family Law Arbitration

• Child custody disputes: Arbitration can empower co-parents to work together with the arbitrator to create a customized parenting plan that meets the child's needs and prioritizes their best interests.
• Divorce settlements: Couples and families can use arbitration to negotiate the final terms of their divorce settlement, such as decisions pertaining to co-parenting or the division of retirement benefits.
• Modification of existing court orders: If circumstances change after a court order has been issued, arbitration offers an efficient way to modify the order to best accommodate new circumstances.
• Property disagreements between couples: Arbitrating asset distribution and property division can help divorcing couples reach an agreement faster.
• Spousal support and child support: Divorce matters like alimony and child support payments may also be arbitrated.

When used in appropriate circumstances, arbitration can offer a valuable alternative to traditional court litigation for resolving legal disputes between families. Its private, flexible, and efficient nature can help couples and families navigate difficult situations and reach mutually agreeable resolutions.

If you think arbitration may be the right path for you, it's imperative to consult with an attorney before taking action.