There are many times when parties can resolve their disputes in direct negotiations with the other side, or in the mediation context. However, sometimes a third party is needed in order to make a decision. This is when people commonly choose to litigate the entire matter in front of a judge. Unfortunately, however, the court system is backlogged and has been for years. It can be difficult to get into a courtroom in the time necessary to address an urgent matter such school choice or a medical decision. It can also take several months or sometimes even years to have an equitable distribution or alimony trial depending on the attorneys’ and court’s schedule.
This is typically when attorneys will elect to arbitrate the matter, which is effectively a “private trial.” The benefits to this approach is that it is quicker, held privately (court is open and can be attended by any member of the public), and is less formal. Arbitration takes place in a conference room (or sometimes via Zoom) and is an expedited approach to resolving family law disputes.
Should you arbitrate your family law matter?
Only you and your attorneys can decide this. Unless there is a specific clause in a previously executed agreement or court Order, there is nothing that can force the anyone to arbitrate. All parties must consent to attend arbitration and to be bound by the Award issued by the arbitrator.
Oftentimes Orders for custody will provide that arbitration shall be the tie-breaker to any legal custody disputes. Some common specific issues which Lynn has arbitrated are (1) school choice; (2) whether to medicate a child; (3) whether children should attend Pre-K prior to starting Kindergarten; and (4) the division of household goods. For Lynn, the issue of school is the most frequently addressed issue in arbitration. Lynn has two small children and understands the importance and lasting impact of a school selection. As such, she takes this role incredibly seriously and carefully weighs all factors to determine the best interests of the child(ren) in any given situation.
In other cases, attorneys have elected to use Lynn to arbitrate an entire case, including property division and alimony, to finalize the entire matter outside of court. Lynn has been practicing family law since 2011 and spent close to a decade in heavy litigation, including many high-dollar cases and unique issues. She is also a Board Certified Family Law Specialist. As such, she is well-versed in the laws of this State and also very familiar with how the courts would likely address certain issues, thus creating an arbitration environment which is consistent with the outcome of attending a trial. Local attorney’s selection of Lynn to arbitrate not just finite issues but entire cases is a clear indication of her reputation in the community as knowledgeable, fair, and reasonable.
How to book an arbitration with Lynn:
Email Admin@thekafirm.com to book an arbitration. Please provide party names so we can run a conflict check. You can also schedule directly through Calendly below!