Most people who find themselves in family court want a resolution as soon as possible. Since the pandemic hit, it has caused longer delays between filing and final resolution. In response, more and more people are looking for ways to bypass the court process.
One way around this is to agree to private arbitration. There are numerous benefits to private arbitration and it can be effective regardless of the size of your assets. It is also not as costly as you might imagine. In addition to quickly resolving cases issues that might otherwise get bogged-down at the court house, private arbitration gives you confidentiality, scheduling flexibility, a more informal atmosphere along with lots of other benefits. Here are some things you will want to know:
COVID has produced ferocious change in all aspects of our society. Our justice system has not escaped its ravages. In many cases, COVID has caused extraordinary court delays with minimal time allocated to complex issues. Private arbitration is the perfect antidote. Here is why:
- Speed: Arbitration can dramatically fast track resolution of your issues. The arbitrator must rule within 20 days, but this too can be accelerated by agreement.
- Flexibility: You are not stuck with limited courthouse hours or a judge who has to fit you in among hundreds of other cases. We can schedule it during times that suit your convenience and can conduct remote proceedings.
- Autonomy and Creativity: Both parties can choose the ground rules, which can be modified to suit your needs. If you agree to it, the arbitrator can consider things that a judge by law cannot. This can also allow the arbitrator to craft a decision that is more suited to your situation.
- Privacy: Unlike Court rulings, which are public, the arbitrator submits a final arbitration decision, without all of the (sometimes messy) details. The rest stays private.
- Efficiency: Unlike the court, you get to choose an arbitrator with knowledge and skills appropriate to your particular issues.
- Cost Reduction: A professional with expertise specific to your issues can help you save lots of time and substantial fees. Even though an arbitrator charges a fee, it is generally cost-effective. Using our state of the art remote platforms, we can also automatically generate a transcript at your request at no charge.
Arbitration differs from mediation because an arbitrator’s decision can actually give you a decision. If you agree, it will be final. A mediator’s sole power is to try to get both of you to come to an agreement, no matter how unreasonable one person is being. With arbitration, when it is done, it is over. Even if you end up agreeing at mediation, you still have the hard work ahead of drafting an agreement to everyone’s satisfaction, which can lead to still yet more mediation and arbitration.
Kathleen McCarthy, J.D. brings to the arbitration table her 44 years of family law experience ranging from the simplest to the most complex matters. She has been the consistent and pre-eminent voice for lawyer and judicial education– giving well over 200 seminars and presentations in addition to numerous published articles. Kathleen has studied, analyzed and presented on every new Arizona family law case (sometimes several times a year) for the past 35 years. Her expertise allows her to efficiently absorb the unique factual details of your case and analyze the applicable law. More to the point, Kathleen has an acute sense of fairness and understanding of human nature honed by representing thousands of people in every day life who find themselves in all kinds of legal predicaments. All of this allows for a cost-effective, efficient and just resolution of your family law issues.
Message from McCarthy Family Law
McCarthy Family Law is a full service family law firm that services all family law and parenting time issues. If you are going through a divorce or have questions about arbitration, we are here to assist you. Please call us at 520-623-0341 to explore your options. Turning Stress Into Solutions ™.